Ensure compliance with your spare parts commitments
You manufacture, import or sell products that may consist of spare parts essential for the use of the product, you are bound by a duty of information.
These information obligations concern contracts other than distance and off-premises contracts and relate to information on the points of sale before the conclusion of a contract or an act of purchase. They do not necessarily have to appear on your websites if you only sell online.
As a manufacturer or importer if you undertake to make spare parts available, you must indicate a period or deadline for their availability.
This period may not be less than five years from the placing on the market of spare parts for a certain category of electronic and electrical equipment.
In addition, you must provide your seller with the said parts within fifteen days of their request.
If you are the seller of the product, you must pass it on to the consumer before the conclusion of the contract.
Prior to the sale, the consumer must be able to know the existence of spare parts available, essential for the use of the good he wishes to buy. This information is delivered visibly and legibly on any suitable medium, which leaves a great deal of latitude to the distributor to meet this requirement.
In addition, this information is reproduced, at the time of purchase of the good, on the purchase order if it exists, or on any other durable medium recording or accompanying the sale, so that the consumer can refer to it once the sale is concluded.
It can therefore be, in addition to the purchase order, an invoice, GTCs, or a product sheet. The packaging cannot validly constitute a suitable support.
Gouache Avocat brings its expertise in consumer law to ensure the compliance of your commitments and obligations in terms of spare parts, by ensuring an appropriate formalization, according to the distribution cycle.