Legal guarantees granted to the consumer

If you are a consumer , i.e. a natural person who purchases a product for purposes that are outside their trade, business, craft, profession or agricultural activity, please be aware that your statutory warranty rights are not affected in any way by the commercial warranty granted to you by HP for HyperX products (HyperX Limited Warranty). Please see the information below to learn more about your rights in this regard.

Legal guarantees

What is this ?

Legal Guarantee of Conformity

For contracts concluded until December 31, 2021 :

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery of the goods, which appears within 2 years of delivery. Lack of conformity which appears within 24 months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.

Also, if you are a consumer, in the event of a lack of conformity, you can request:

1. at your choice, the repair or replacement of your product free of charge - unless this choice would result in a cost that is manifestly disproportionate to HP in relation to the value of the goods or the extent of the defect, in which case HP may proceed according to the method not chosen by you;

2. the refund of the price (against return of the product) or the refund of part of the price (if you wish to keep the product), if:

repair and replacement of the product are impossible, or

the requested or agreed solution cannot be implemented (i) within one month of your complaint or (ii) without significant inconvenience to you.

For contracts concluded on or after January 1 ^, 2022 :

The seller is required to deliver goods that comply with the contract and the criteria set out in Article L. 217-5 of the Consumer Code and is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1 of the Consumer Code, which appear within a period of 2 years from this date.

For contracts for the sale of goods containing digital elements (e.g. operating system and other software, applications):

- if the contract provides for the continuous supply of a digital element for a period of less than or equal to 2 years, or if the contract does not determine the duration of supply, the seller is liable for defects in conformity of this digital element which appear within 2 years from delivery of the goods;

- if the contract provides for the continuous supply of a digital element for a given period, exceeding 2 years, the seller is liable for any defects in conformity of this digital element which appear during the period during which it is supplied under the contract (the rest of the goods remaining guaranteed for 2 years).

Any lack of conformity that appears within 24 months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery. If the contract for the sale of goods containing digital elements provides for the continuous supply of a digital element for a given period of more than 2 years, any lack of conformity that appears during the period during which the digital element is supplied under the contract shall be presumed to have existed at the time of delivery of the goods.

Also, if you are a consumer, in the event of a lack of conformity, you can request:

1. at your choice, the repair or replacement of your product free of charge - unless the requested compliance is impossible or entails disproportionate costs in relation to the value of the goods, the significance of the defect and the possible possibility of opting for the other choice without major inconvenience for you, in which case HP may proceed according to the method not chosen by you;

2. the refund of the price (against return of the product) or the refund of part of the price (if you wish to keep the product), if:

HP refuses any compliance, or

compliance cannot be implemented (i) within 30 days of your request or (ii) without significant inconvenience to you, or

the defect persists after unsuccessful compliance.

You are also entitled to a reduction in the price of the goods or to termination of the contract when the lack of conformity is so serious that it justifies immediate price reduction or termination of the contract. You are then not required to request the repair or replacement of the goods beforehand.

Any product repaired under the legal guarantee of conformity benefits from a 6-month extension of this guarantee .

When you choose to have the repair carried out but this is not carried out by HP, you can request a replacement of the item, thereby starting a new period of legal guarantee of conformity attached to the replaced item, starting from the day the replacement item is delivered to you .

Guarantee of Hidden Defects

You can also obtain a refund or a refund of part of the price of the product under the legal guarantee against hidden defects (articles 1641 to 1649 of the Civil Code). To be able to implement this guarantee, the defect must be non-apparent , render the product unusable or significantly reduce its use and exist at the time of purchase . You must prove the existence of the defect and act within 2 years from the discovery of the defect.

To learn more about your rights under legal guarantees, you will find below the full text of the articles of the Consumer Code relating to the legal guarantee of conformity and of the Civil Code relating to the guarantee of hidden defects.

You can also visit the European Consumer Centre website.

What is the difference between a legal guarantee and a commercial guarantee?

A commercial warranty, such as the HyperX Limited Warranty, is a voluntary commitment made by the seller or manufacturer of a product (referred to as the warrantor) to the consumer.

The commercial guarantee does not replace or limit in any way your rights under legal guarantees.

The HyperX Limited Warranty provided with your HyperX product is therefore an additional, independent warranty which cannot in any way affect your rights under the legal warranties that you hold as a purchaser of a HyperX Product against your seller.

To learn more about the terms and conditions of the HyperX commercial warranty, see the terms of the HyperX Limited Warranty included with your HyperX product.

Reminder of legal texts

Legal Guarantee of Conformity

For contracts concluded until December 31, 2021 :

Article L.217-4 of the Consumer Code:

“ The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility .

Article L.217-5 of the Consumer Code:

“The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 217-7 of the Consumer Code:

“Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L. 217-9 of the Consumer Code:

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer."

Article L. 217-10 of the Consumer Code:

"If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is open to him:

1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint;

2° Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use he is seeking.

However, the sale cannot be cancelled if the lack of conformity is minor.

Article L.217-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.

For contracts concluded on or after January 1 ^, 2022 :

Article L.217-3 of the Consumer Code:

“ The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5.

It is liable for defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of this delivery.

In the case of a contract for the sale of goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller shall be liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is supplied under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.

The seller is also liable, during the same time limits, for defects in conformity resulting from the packaging, the assembly instructions, or the installation when this has been made his responsibility by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller .

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity.

Article L.217-4 of the Consumer Code :

“ The property is in conformity with the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract.

Article L.217-5 of the Consumer Code:

“ I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:

1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;

2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or

3° That the public statements could not have had any influence on the purchasing decision.

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.

Article L.217-7 of the Consumer Code:

“ Defects of conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.

For used goods, this period is set at twelve months.

Where the contract for the sale of a good containing digital elements provides for the continuous supply of digital content or a digital service, any defects of conformity which appear are presumed to exist at the time of delivery of the good:

1° For a period of two years from the delivery of the goods, when the contract provides for this supply for a period of less than or equal to two years or when the contract does not determine the duration of supply;

2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this provision for a period exceeding two years.

Article L.217-8 of the Consumer Code:

“ In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or termination of the contract, under the conditions set out in this subsection.

The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent upon him under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code.

The provisions of this chapter are without prejudice to the award of damages.

Article L.217-9 of the Consumer Code:

“The consumer is entitled to demand that the goods comply with the criteria set out in subsection 1 of this section.

The consumer requests that the seller bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.

Article L.217-10 of the Consumer Code:

“ The conformity of the goods shall take place within a reasonable period of time which may not exceed thirty days following the consumer's request and without major inconvenience for the consumer, taking into account the nature of the goods and the use sought by the consumer.

The repair or replacement of the non-conforming good includes, where applicable, the removal and recovery of this good and the installation of the repaired good or the replacement good by the seller.

A decree specifies the terms for bringing the property into compliance.

Article L.217-11 of the Consumer Code:

“ The conformity of the goods takes place at no cost to the consumer.

The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement.

Article L.217-12 of the Consumer Code:

“ The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, in particular with regard to:

1° Of the value that the property would have in the absence of a lack of conformity;

2° The significance of the lack of conformity; and

3° The possible possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.

When these conditions are not met, the consumer may, after formal notice, pursue specific enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity must be justified in writing or on a durable medium. "

Article L.217-13 of the Consumer Code:

“ Any item repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee.

If the consumer chooses to have the repair carried out but this is not carried out by the seller, compliance by replacing the goods starts a new period of legal guarantee of conformity attached to the replaced goods for the benefit of the consumer. This provision applies from the day the replacement goods are delivered to the consumer.

Article L.217-14 of the Consumer Code:

“ The consumer has the right to a reduction in the price of the goods or to the termination of the contract in the following cases:

1° When the professional refuses any compliance;

2° When compliance occurs after a period of thirty days following the consumer's request or if it causes him major inconvenience;

3° If the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the installation of the repaired or replacement good or the costs relating thereto;

4° When the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.

The consumer is not entitled to cancel the sale if the lack of conformity is minor, which is the seller's responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price.

Article L.217-15 of the Consumer Code:

“ In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the goods.

The reduction in price is proportional to the difference between the value of the goods delivered and the value of these goods in the absence of the lack of conformity.

Article L.217-16 of the Consumer Code:

“ In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter’s expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract.

If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the goods which conform.

For contracts referred to in II of Article L. 217-1, providing for the sale of goods and, incidentally, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all contracts relating thereto.

The respective obligations of the parties to the contract, referred to in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the contract for the sale of goods containing digital elements.

Article L.217-19 of the Consumer Code:

“ I.-The seller ensures that the consumer is informed and receives the updates necessary to maintain the conformity of the goods:

1° During a period which the consumer can legitimately expect, having regard to the type and purpose of the digital goods and elements and taking into account the circumstances and nature of the contract, in the case of a single supply operation of the digital content or digital service;

2° For a period of two years from the time when the goods containing digital elements were delivered, where the sales contract provides for the continuous supply of the digital content or digital service for a certain period;

3° During the period during which the digital content or digital service is provided under the contract when the latter provides for its continuous supply for a period exceeding two years.

II.-When the consumer does not install, within a reasonable time, the updates mentioned in I, the seller is not liable for defects of conformity resulting solely from the non-installation of the updates concerned, provided that:

1° The seller has informed the consumer of the availability of updates and the consequences of their non-installation by the consumer; and

2° The non-installation or incorrect installation by the consumer of the updates is not due to deficiencies in the installation instructions provided to the consumer.

Article L.217-28 of the Consumer Code:

" When the consumer requests from the guarantor, during the course of the legal guarantee or the commercial guarantee granted to him upon the acquisition or repair of a good, a repair covered by this guarantee, any period of immobilization suspends the guarantee which remained to run until the delivery of the repaired good.

This period runs from the consumer's request for intervention or from the provision for repair or replacement of the goods in question, if this starting point proves more favorable to the consumer.

The warranty period is also suspended when the consumer and the guarantor enter into negotiations with a view to an amicable settlement .

Guarantee of hidden defects

Article 1641 of the Civil Code:

"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1644 of the Civil Code:

"In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded."

Article 1648 paragraph 1 of the Civil Code

“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”