Terms of sale
Rights of the online buyer.
When you buy on a commercial site, you have certain rights: information, withdrawal, return of goods and refund...
The consumer law of March 17, 2014 (Hamon law) reinforced the legal provisions applicable to contracts signed from June 14, 2014. This law transposed into French law the European directive of October 21, 2011 on the rights of the consumer.
Information obligation before purchase.
Before signing the sale, the seller must communicate, in a legible and understandable way, his identity, his contact information, the characteristics and the price of the products and services he sells. He must inform about the applicable guarantees (legal guarantee of conformity, guarantee of hidden defects, additional commercial guarantee if necessary). You must also detail the accepted means of payment, the delivery terms and restrictions, and the cost of any return of the goods. You must also indicate the existence or not of a right of withdrawal and its conditions of exercise.
During the validation of the purchase, the mention "order with payment obligation" must appear, or another mention that indicates that the completion of an order requires payment.
Any payment option that is added to the main order must be expressly accepted by the buyer. Previously checked boxes are prohibited.
30 days delivery time
The seller of an e-commerce site must clearly indicate the date (or the range of dates) or the term for the delivery of the goods or the provision of the service. Failing that, the delivery or execution of the service must be carried out within a maximum period of 30 days from the conclusion of the contract, without undue delay.
The rules in case of late delivery or non-conforming delivery.
In case of delay in delivery, the consumer must give formal notice to the professional so that he can deliver within a reasonable period of time. And in the absence of delivery, you can cancel the order by registered letter with acknowledgment of receipt. The seller must refund all sums already paid within 14 days from the date of termination of the contract.
If the goods delivered do not conform to the order, it is possible to reject the product at the time of delivery or return it to the seller. If the delivered goods are damaged during transport, the consumer may refuse delivery or, if he has accepted the goods, notify the observed defects within 10 days (instead of the previous 3 days).
In a judgment of February 3, 2021, the Court of Cassation confirmed that the responsibility for transporting the package until it is delivered by hand to the buyer lies with the seller and not with the buyer.
Right of withdrawal of 14 days.
The consumer who buys online has 14 calendar days to reconsider his purchase without having to justify himself (article L221-18 of the Consumer Code). He only has to return a form made available to him by the merchant or, failing that, send him an email, a fax or a letter expressing his desire to withdraw. It is up to the consumer to keep the proof of sending his withdrawal decision ( article L221-22 of the Consumer Code ).
The 14-day period begins the day after the day of receipt of the goods (or the last good received in case of staggered delivery) or the signing of the service contract. If the deadline expires on a Saturday, Sunday or a holiday or non-business day, it is extended until the next business day ( article L221-19 of the Consumer Code ).
In the absence of information on this right of withdrawal, the term is extended by 12 months. When the information is communicated during this period of one year, the withdrawal period of 14 days begins to run from the day of receipt of this information (of the Consumer Code).
There is no right of withdrawal for a series of products and services listed by law. In particular, the following are excluded:
– Personalized or custom-made products Articles with an associated VIN number (chassis number).
– Purchases in FTP Download (Direct Download).
– Unsealed goods after delivery (CD, DVD, Sd cards, USB sheets...Software...)
14 days to return the product.
The consumer then has an additional 14 days to return the product to the merchant, from the date of sending his withdrawal decision. The costs of returning the goods are the responsibility of the consumer, unless the seller agrees to bear them ( article L221-23 of the Consumer Code ).
And 14 days to be reimbursed.
For its part, the seller has 14 days to reimburse the consumer for the amounts paid. This reimbursement period is counted from the date the professional was informed of the withdrawal. However, the merchant can wait to recover the item or have proof of shipment of the goods to proceed with the refund ( article L221-24 of the Consumer Code ).
The seller must make the refund using the same means of payment that the consumer used for payment, unless the buyer agrees to another method of reimbursement (credit note, change, etc.).
The seller must refund the full amount of the order, including shipping costs, on the basis of standard shipping. Additional costs paid by the buyer who chooses a more expensive delivery method remain his responsibility.
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