It is up to the seller to provide proof of the regularity of a contract concluded off-premises (door-to-door selling, internet...), not to the consumer.
This was stated by the Court of Cassation in a judgment delivered by the First Civil Chamber on 1er February 2023.
Consumers have purchased a property as a result of door-to-door selling. They request the cancelation of the sales contract because of the irregularity of the purchase order and the lack of realization of the announced savings.
The Court of Appeal rejected the applicants’ requests because they had not produced a complete copy of the order form at issue. They were therefore not entitled to seek the nullity of the sale.
The Court of Cassation quashes and annuls the decision of the Court of Appeal on the ground that it has reversed the burden of proof. It recalls that it is for the seller, and not the consumer, to provide proof of the regularity of the purchase order and therefore of the contract concluded off-premises. It must therefore provide proof of compliance with the legal obligations to provide information for which it is responsible.
