The commercial guarantee refers to any contractual undertaking given by a professional, whether the seller or the producer, including through the intermediary of any other person acting in their name or on their behalf (hereinafter referred to as the “guarantor”), to the consumer. The purpose of this commitment is to reimburse the purchase price, replace or repair the goods or provide any other service in relation to the goods, or any other requirement not related to conformity and set out in the commercial guarantee, in addition to the seller’s legal obligations to guarantee the conformity of the goods.
Any commercial guarantee shall bind the guarantor in accordance with the terms and conditions set out therein or in accordance with the terms and conditions set out in the advertisement made for it prior to the conclusion of the contract if the terms and conditions of that advertisement are more favourable, unless the guarantor demonstrates that the advertisement was rectified prior to the conclusion of the contract on terms and conditions identical or comparable to the original advertisement.