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Delivery time not respected: you have rights to act
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Your product was delivered late when you bought it on the internet or in store? Was it damaged when you received it? The product delivered does not match your order? Do you know you have rights? Service-Public.fr explains everything about delivery!
The product you are interested in is not available immediately or is too large for you to take out of the store. The date of delivery to your home is an essential and decisive element of your purchase and must be specified in the contract. This will allow you to break it immediately if delivery deadlines are not met.
Delivery of goods
As soon as a purchase is accompanied by a delivery, the seller is obliged to communicate to you in a clear and legible manner, before the signature of the contract, the date or the period at which he undertakes to deliver the goods or to perform the service.
In the absence of information, the seller has a maximum of 30 days to deliver to you.
This obligation applies whether the sale takes place in a store or whether it is concluded at a distance (by internet, by correspondence, by telephone...).
Please note
If the delivery must arrive before a specific date (birthday gift, holiday departure, wedding...) and it is an essential condition for you, make it clear in writing in the contract.
FYI
If the contract does not specify a date, the seller is liable to an administrative fine of not more than € 3 000 for a natural person and € 15 000 for a legal person (Article L. 131-1 of the Consumer Code).
Delayed delivery
Except in cases of force majeure, you can order the seller to deliver you within a reasonable additional time, .
If the delivery has not yet taken place after this new deadline, you can withdraw from the contract by registered letter with acknowledgement of receipt. The seller must then refund you in full within 14 days or risk a surcharge.
Please note
In the event of a delay in delivery, formal notice is an essential condition, prior to the cancelation of the order. Please keep a copy as evidence.
Damaged goods
Refuse to sign the packing slip, unless you have entered your reservations, and refuse the goods.
Notify the seller, by registered letter, to deliver you a product that is not damaged. The costs of return and dispatch remain at his expense, it is also up to him to turn against the carrier.
Please note
If the carrier has not given you the opportunity to check the condition of the package, you then have 10 days to inform him, by registered letter, of the defects found (Article L. 224-65 of the Consumer Code).
Non-conforming goods
Enter your reservations on the packing slip and refuse the goods. You can demand compliance and invoke the legal guarantee of conformity.
Non-compliance can apply in various situations: aesthetic difference, incomplete delivery, different functionalities, non-functioning of the product...
The costs of returning and sending a new order are also borne by the seller.
FYI
some contracts stipulate that the consumer has 3 days to make reservations to the carrier.
Please note
in case of disputes, it is possible to contact the Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) whose services inform you about your rights and the different remedies that exist.
You can also upload your issue to the site SignalConso.
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Service-Public.fr
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