What legal guarantee must I offer on products sold online?
The legal guarantee of conformity is not a commercial option: it binds the seller, dropshipping included. It differs from a commercial warranty, which comes on top and never instead.
Short answer
- The legal guarantee of conformity runs for two years from delivery on new goods (art. L217-3).
- It is one year for second-hand goods sold by a professional.
- For twenty-four months the defect is presumed to have existed at delivery: the seller must prove otherwise.
- Goods repaired under this guarantee get a six-month extension.
- The consumer chooses between repair and replacement; the seller cannot force a credit note.
Three guarantees not to confuse
Guarantees applying to an online sale
| Guarantee | Duration | Who owes it |
|---|---|---|
| Conformity (art. L217-3) | 2 years new, 1 year used | The seller |
| Hidden defects (art. 1641 Civil Code) | 2 years from discovery | The seller |
| Commercial warranty | Free, contractual | Seller or manufacturer |
A real example
Example: a customer buys a coffee machine and reports a failure after eighteen months. As the defect is still presumed to pre-date delivery, the seller must show it comes from misuse. If the machine is repaired, the guarantee runs six months longer, up to month thirty. Sending the customer to the manufacturer is not a compliant answer.
Common mistakes
- Systematically referring the customer to the manufacturer, when the guarantee lies with the seller.
- Confusing the legal guarantee with the withdrawal right: the first is about a defect, the second about a change of mind.
- Forcing a credit note instead of the repair or replacement the customer chose.
- Dropshipping while assuming the supplier carries the guarantee: the seller remains fully liable.
How 4shopy helps
- A dedicated legal-guarantees page is provided and linked from every product page.
- Products can be flagged new or second-hand, which shows the applicable duration.
- After-sales requests are attached to the order, with the delivery date that starts the clock.
- The exchange history stays available, which serves as evidence in mediation.