Presumption that a defect existed earlier: new or used, who has to prove what?

Published on October 22, 2026 Revised October 22, 2026 About 4 min

By the editorial team of Seconde Vie du Matériel.

A symbolic scale holding a pickleball paddle on one side and a receipt on the other. — **Burden of proof.** For a new or refurbished item, the presumption covers 24 months, and 12 months for a used item. Beyond that, it is up to the consumer to prove that the defect existed from the time of purchase. Keeping the invoice and dating the first symptoms makes the process easier.

Here is "Presumption that a defect existed earlier: new or used, who has to prove what," explained as if at the camp dining hall table, nice and simple. It shows in which cases the seller must prove that the defect was not there at purchase.

What the figures show

On the figures: a claim under the warranty against hidden defects (called "vices cachés" in French law) expires 2 years after the defect is discovered, with a cap of 20 years after the purchase. So the starting point is not the purchase date.

To understand how it works: a full refund can be obtained if the professional refuses to fix the problem or if the product is still defective after an attempt. It is worth taking the time to grasp this basis before moving on.

Here is the starting idea: when harm is proven, the consumer can also ask for damages. Worth keeping in view while reading on.

The first landmark to keep in mind: once the two-year period of the legal conformity warranty has passed, the buyer can rely on the hidden-defect warranty if the defect is serious. The buyer must then prove that the defect existed at purchase, which often calls for an expert opinion. A good landmark to connect with the following sections.

A little glossary to get started

A little camp dictionary, so that everyone speaks the same language:

Legal conformity warranty

This is the protection set by law that requires the seller to deliver a conforming item and to repair or replace one that has a defect.

To make it concrete: a new paddle delaminates (its layers come apart) after little normal use, and the buyer invokes the legal warranty with the seller.

A detailed definition of Garantie légale de conformité is just a click away.

Where the trouble comes from

On the official guidance: the seller cannot impose a paid warranty extension by means of a pre-checked box at purchase. The consumer must accept it through an explicit choice.

A rule worth knowing: an item repaired under the legal warranty has that warranty extended by 12 months, according to service-public.gouv.fr.

The principle, simply: the commercial warranty is optional. The seller or manufacturer sets its length freely, often from 6 months to 2 years. It is added to the legal warranties without replacing them. Remember it, then carry on calmly.

The decision grid, made clear

The questions to ask before deciding:

Bringing the item into conformity by repair or replacement is done at no cost to the consumer, including the cost of sending the product back. So the seller cannot charge for shipping a defective paddle returned under the legal warranty.
A new paddle that delaminates within two years of purchase: the buyer does not have to prove that the defect existed at delivery, and it is up to the seller to show otherwise.
A hidden defect is recognized by three conditions: the defect was not apparent at purchase, it makes the item unusable or greatly reduces its use, and it existed at the time of sale.
If the professional seller knew about the hidden defect, the buyer can also ask for compensation for all the harm caused by the defect.
Faced with a hidden defect, the buyer can keep the product and ask for a price reduction, or return it and obtain a full refund, including the costs incurred.

Watch out for pitfalls

Here are the classic blunders, to be avoided with a smile:

The legal conformity warranty is set aside when the problem comes from misuse and not from the product itself. A paddle broken by a blow against the ground, the net post, or a wall can therefore be refused by the seller.
The legal conformity warranty does not apply if the buyer knew about the defect at the time of purchase. A paddle bought knowing that it already has a crack or a peeling edge cannot be claimed under this warranty.

What is the difference between new and used?

A rule worth knowing: the repair or replacement must be carried out within a maximum of 30 days after the request; a refund must be made within 14 calendar days.

Remedies under the legal conformity warranty

This sums up the solutions open to the consumer and their deadlines.

Remedy	Condition	Deadline
Repair or replacement	At the consumer's choice	30 days after the request, free of charge
Price reduction or cancellation of the contract	If repair or replacement is impossible, or causes major inconvenience	Refund within 14 calendar days

Source : Achat d'un produit : garantie légale de conformité — Rules in force, page consulted in October 2026.

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Table code

<table><thead><tr><th>Recours</th><th>Condition</th><th>Délai</th></tr></thead><tbody><tr><td>Réparation ou remplacement</td><td>Au choix du consommateur</td><td>30 jours après la demande, sans frais</td></tr><tr><td>Réduction du prix ou résolution du contrat</td><td>Si réparation ou remplacement impossibles, ou inconvénient majeur</td><td>Remboursement sous 14 jours calendaires</td></tr></tbody></table>
<p><small>Source : <a href="https://seconde-vie-ywt.pages.dev/en/lectures/presomption-d-anteriorite-du-defaut-neuf-ou-occasion/">Seconde Vie du Matériel</a></small></p>

Before putting the gear away

Sharing the reading with playmates makes everything more fun.

Defective pickleball paddle: guarantee and remedies — Legal guarantee and remedies for a defective paddle. On this page: the key points that frame it all and the crew's lingo, plus the articles to browse.
Legal guarantee of conformity: what it covers for a pickleball paddle — The length of the guarantee and what counts as a lack of conformity are covered here. Read in order, starting with a short glossary to get going.
Late refunds: the penalties provided by law — A clear look at what the law provides when a seller is slow to issue a refund. On the menu: the reasons first, then the missteps to spot.
Warranty repair: step-by-step process for a defective paddle — Wording a request and knowing the applicable deadlines becomes straightforward. To read in order: the basics of the situation and the jargon, made simple.

Documents consulted

Garantie des vices cachés — DILA page on the warranty against hidden defects: conditions, deadline, proof, buyer's options. Page reviewed for the occasion on 2026-10-19.
Garantie légale de conformité : vos questions, nos réponses — Details of the legal warranty: remedies, extension after repair, hidden-defect warranty beyond two years. Page reviewed for the occasion on 2026-10-19.
Achat d'un produit : garantie légale de conformité — Legal conformity warranty: two years, presumption of defect, repair or replacement, exclusions. Page reviewed for the occasion on 2026-10-19.
Garantie commerciale d'un produit — DILA page on the commercial warranty: duration, written contract, extension in case of downtime, remedies. Page reviewed for the occasion on 2026-10-19.

The conformity rules cited come mainly from USA Pickleball; in France, the FFT received the delegation for pickleball in early 2026, so check the rules of the competition in question.

A home repair can change how the paddle behaves and make it non-compliant in tournaments: when in doubt, ask the referee or the organizer.