Garantie

Garantie is a term used to describe a promise or obligation that a party will ensure the proper functioning, conformity, value, or performance of a product, service, or contract. It appears in many legal and commercial contexts, including consumer law, civil law, and finance. In practice, garantie can refer to legal rights granted by law as well as to voluntary assurances provided by manufacturers or sellers.

In consumer law, three main forms are commonly recognized: la garantie légale de conformité, la garantie commerciale, and la garantie des vices cachés. La garantie légale de conformité obliges the seller to deliver goods that conform to the contract. In the EU and France, this protection lasts at least two years from delivery, with remedies such as repair, replacement, or refund. For the first six months after delivery, the seller bears the burden of proving compliance; after that period, the consumer may need to prove the defect existed at delivery.

La garantie des vices cachés covers hidden defects that render a product unfit for its intended use or reduce its value. The buyer can seek rescission of the sale or a price reduction, typically within a set period after discovering the defect.

La garantie commerciale is a voluntary, often extended warranty offered by manufacturers or retailers. It adds coverage beyond the legal guarantee and is subject to its own terms, conditions, and costs.

Some fields impose or rely on specialized guarantees, such as la garantie décennale in construction, which covers major structural defects for ten years, or various financial guarantees used in banking and public procurement to secure performance or payment obligations.