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What can the consumer ask from the seller in the presence of a non-conformity of the item?

In the presence of a non-conformity, the consumer has the right to the remedies provided for in art. 135-bis of the Consumer Code. Specifically, the consumer can ask the seller:

  • in the first instance, to repair or replace the item (so-called primary remedies) pursuant to art. 135-ter of the Consumer Code,
  • if the first two remedies are not practicable, a reduction of the price or termination of the contract (so-called secondary remedies), pursuant to art. 135-quater of the Consumer Code.

There is therefore a hierarchy between the tools provided for consumer protection to balance the consumer's interest in receiving the agreed item and the seller's interest in safeguarding the contractual relationship. However, the seller's right to offer the consumer "any other remedy available" to settle the dispute amicably remains unaffected.

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