Since January 1, 2022, products, services and digital content are covered by a two-year legal guarantee of conformity, like material goods. A major change for consumers.
It’s a major change – not to say a small revolution – in the world of consumption: since 1er January 2022, the legal guarantee of conformity – one of the three guarantees with the commercial guarantee and the guarantee for hidden defects – protecting the consumer who makes a purchase from a professional is extended to digital content and services. This guarantee was until now reserved for material goods, that is to say physical goods, for household appliances as well as for electronic products (computers, telephones, televisions, etc.). Thanks to the transposition into French law of the European directive of May 20, 2019, it now applies just as much to online purchases of software products (video games, applications, themes, extensions, etc.), including mobile applications, as to dematerialized content (films, videos, music, books, etc.) and subscriptions to audio or video streaming services (Netflix, Disney+, Amazon Prime Video, Deezer, Spotify, etc.), VOD video rental and subscriptions to TV channels or digital radios. As explained in detail Service-Public.fr website, this guarantee also applies to contractual relations between consumers and social network operators. It protects against any defect that prevents a digital product or service from conforming to its intended use or description.
In addition, and by extension, new specific rights apply to internal digital elements provided (software) or which are essential to the proper functioning of certain connected goods. This concerns the supply of software updates necessary to maintain the conformity of the good (smartphone, connected watch, connected household appliance, etc.); the possibility for the consumer to refuse subsequent modifications to the digital elements, for example software improvements going beyond what is provided for in the contract and what is necessary to ensure the conformity of the good (security, maintenance, etc.) as well as the recovery of the contents used in the event of termination of the contract. In addition, the seller of digital content or service must now inform the consumer of the period during which the manufacturer undertakes to provide updates.
A reduction or reimbursement during the two years of the legal guarantee
The duration of the legal guarantee of conformity is two years. This means that in the event of a problem, the consumer can during this period following his purchase request the repair or replacement of the defective product (smartphone, tablet or home automation device). This repair or replacement must be carried out by the seller, without major expense or inconvenience for the consumer and within a reasonable time not exceeding 30 days. Failing this, the consumer is entitled to claim – and obtain! – a reduction in the price or reimbursement of the amount paid against the return of the property.
For digital content and services as such, the legal guarantee is also two years for a single supply of digital content (downloading of a file, purchase of a film on a platform), the presumption of anteriority of the defect noted being fixed at one year. The bringing into conformity of the defective digital content or service must be carried out free of charge within 30 days. Alternatively, it is possible toobtain a discount or the possibility of terminating their contract. Note however: the legal guarantee of conformity does not apply to gambling, financial services or administrative documents. Nor does it apply to transactions between individuals, unless the reference number concerned is still covered by the original guarantee, the guarantee then being automatically transferred to the new “owner”.
In short, this is real progress for consumers in France. All that remains is to learn how to use this new guarantee in the event of a problem, because not everyone will be aware of its existence and the rights that flow from it…