Since January 1, 2022, digital services, mobile applications, streaming … are protected by the legal guarantee of conformity.
The legal guarantee of conformity is one of the three guarantees (along with the commercial guarantee and the guarantee of hidden defects) from which a consumer benefits from a professional, following the purchase of a good.
It lasts two years following the purchase, is exercised against the seller (and not the manufacturer) and protects the buyer against any non-conformity which is supposed to exist before the purchase.
Compliance is understood to mean the delivery of a good conforming to the contract which “must be suitable for the use usually expected of a similar good (…) correspond to the description given by the seller and possess the qualities that -ci has presented (…) or present the characteristics defined by mutual agreement by the parties “.
The warranty therefore covers not only compliance with the order but also defects which may appear within two years after purchase (or six months for a second-hand item) and which are assumed to exist before it, unless the professional can provide proof that you are the source of the fault.
Including internal elements and connected objects
While the legal guarantee of conformity does apply to all physical products, this was not so far the case for the sale of digital goods and services, mobile applications, audio streaming services (Deezer, Spotify) and video (Netflix, OCS), as well as video on demand services.
Since January 1, 2022, this has been the case in application of an ordinance of September 30, 2021, which amended the Consumer Code to transpose a European directive of May 20, 2019.
All digital elements internal to devices are also covered by the guarantee, i.e. all connected objects and other devices whose functions require a software dimension.
The manufacturer must inform the seller of the period during which he undertakes to provide updates, and it is the seller’s responsibility to inform the consumer in turn.
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