EU legal guarantee of conformity for stores

Two years of liability, and France's set wording

The seller is liable for any lack of conformity that exists at delivery and becomes apparent within two years (Directive (EU) 2019/771, Article 10). Before a distance contract, the trader reminds the consumer that this legal guarantee exists (Directive 2011/83/EU, Article 6). Some countries give more than two years.

France adds a set form. Since October 1, 2022, terms of sale for goods must include a box on the legal guarantees (Code de la consommation, D211-2, in French). Its wording is not yours to write: it comes from the model annexed to the code, which has one version for goods and one for pets. For goods, it says:

• the buyer has two years from delivery, and only has to prove that the defect exists, not when it appeared;
• the buyer is entitled to repair or replacement within thirty days of the request, free of charge;
• if the seller refuses, is late or fails, or if the defect is serious, the buyer can get a price reduction or end the contract for a refund;
• a product repaired under the guarantee gains six more months, and a product replaced when the buyer asked for repair starts a new two-year period;
• the hidden defects guarantee of the French Civil Code also applies, for two years from discovery of the defect.

The EU harmonized notice, in force since September 27, 2026

Directive (EU) 2024/825 creates a harmonized notice on the legal guarantee, identical across the EU. Implementing Regulation (EU) 2025/1960 sets its design and content, which apply from September 27, 2026. The notice reminds buyers of at least two years of protection, of free repair or replacement, and that some countries give more. In online sales, it is shown in color.

The European Commission describes its place on a store as a general, prominent reminder on the trader's website, and publishes the official notice files in every EU language.

Member states had until March 27, 2026 to write the directive into national law. In France, as of October 5, 2026, no text published on Légifrance mentions the harmonized notice yet, so the box in the terms of sale is still required as it stands. If you sell in several countries, check where each one stands.

"2-year guarantee": legal or commercial?

A commercial guarantee is a promise you or the producer make beyond the law: a longer period, an exchange, support, free or paid. Its statement reaches the buyer on a durable medium, at the latest on delivery, and says clearly that the buyer is entitled by law to free remedies from the seller, which the commercial guarantee does not affect (Directive (EU) 2019/771, Article 17). French law adds the hidden defects guarantee to that reminder (L217-22, in French).

On a product page, "2-year guarantee" can mean either one, and buyers need to know which one they are reading. An extension sold at checkout extends or adds to the cover; it does not create the first two years, which the law already gives.

The published report on a sporting goods marketplace shows a case. Its 12-month guarantee ("Garantie 12 mois") appears on every page analyzed, and the report finds it identical everywhere. Yet ski product pages also show "garantie 24 mois": the report established that this is the paid extension offered in the cart, and that the two do not contradict each other. It files the pair among apparent discrepancies that are not real ones.

Reread the box, the product pages and the paid extension

These decisions are made with whoever maintains your terms and your catalog, or with your developer or agency.

1. Have your terms of sale checked for the legal guarantee information and, if you sell to French consumers, for the box taken from the model in the code. They must be readable before the order.
2. Reread every guarantee period shown on your product and help pages: each one must say whether it is the legal guarantee or a commercial one.
3. If you offer a commercial guarantee, have its statement checked for the reminder of the legal guarantee, and make sure it reaches the buyer by delivery at the latest.
4. Prepare the EU notice: its files are published. Ask your developer where it will sit on the site, and follow how each country where you sell writes it into law.
5. While your terms are open, remove the link to the EU ODR platform, closed since July 2025.

The legal guarantee is one of the items due before the order, alongside the 14-day right of withdrawal and the consumer mediator a French store must name. The guide to EU ecommerce legal requirements lists them all.

In the documents that bind the store, not the FAQ

The box belongs in the terms of sale themselves. A summary on a help page or in an FAQ informs the buyer; it does not replace that text.

That is also where the audit looks for the guarantee, once it has established that the site sells at a distance to consumers; otherwise the point is not assessed, and the report says why. It reads the displayed text of your contractual pages: terms of sale, delivery, returns, guarantee, legal notice, and the PDF of your terms when you publish them that way. The FAQ is left out, since it does not bind the store. The audit applies French consumer law, so it looks for the "garantie légale de conformité" named in full or referred to by its articles of the Code de la consommation, and records the hidden defects guarantee separately.

The finding is about whether the information is there: the audit does not judge how the box is worded. Terms it could not read, because your robots.txt file forbids them or nothing displays, are never counted as silent: the report marks the point as not verifiable.

In the published sporting goods store, both legal guarantees appear in the PDF of the terms of sale. On other audited stores, we have found terms that never mentioned the legal guarantee. The report lists the exact pages analyzed, so whoever maintains your terms knows what was read and where to add the box.