Remote purchasing: delivery of the goods or performance of the service

The seller is solely responsible for the correct execution of the order.

The seller must ensure that you own the product. If the seller does not have proof of this, and you dispute that you have received the ordered product, he or she will bear the risk of losing the product. This responsibility is automatic. So you don't have to prove fault.

The seller is not liable if he proves that the non-performance or the poor performance of the contract is due to:

• to your action,
• or to the unforeseeable and insurmountable fact of a person outside the contract (the service providers used by the seller are not considered as such),
• or a case of force majeure. A strike by La Poste services is not a case of force majeure because other companies can transport parcels.

The carrier is supposed to be liable. In case of damage, you will have to contact the carrier by registered letter within 3 days. The deadline is extended to 10 days if the carrier has not given you the opportunity to check the condition of the package.

You can refuse the product upon delivery and, at no additional cost:

• require a new delivery in accordance with your order by indicating to the seller its obligation to issue in conformity by registered letter with acknowledgement of receipt,
• or implement the legal guarantee of conformity. It allows you to request repair or replacement of the product. In case of impossibility, you can request the cancelation of the order with the refund of the amounts paid or the reduction of the price of the property by keeping the product.

You can also, under certain conditions, implement:

• the guarantee against hidden defects,
• or the commercial guarantee if you contracted it.

You can refuse delivery and ask the seller to deliver you a good in perfect condition by sending him a registered letter with notice of receipt.

If you accept the delivery, you can still note your comments on the delivery note or on the invoice. You should promptly contact the seller's customer service.

Clauses in contracts which limit or eliminate the seller's liability for the delivery of goods in conformity to the consumer shall be considered invalid. For example, a clause requiring the immediate verification of the goods by the consumer is considered unfair and therefore invalid.

If you have chosen a carrier other than the one offered by the seller, you must take action against the carrier by registered letter within 3 days. The deadline is extended to 10 days if you have not been given the opportunity to check the condition of the package.

In the absence of delivery on the scheduled date, or in the absence of a date, more than 30 days after your order, you can require the seller to deliver you within a reasonable additional time. You can do it:

• by registered letter with request for notification of receipt, or
• or in writing on another durable support (e.g. mail).

If, despite everything, delivery or execution does not take place, you can cancel your order in the same way (registered letter with request of receipt or in writing on a durable medium).

However, you can cancel your order directly:

• if the seller refuses to deliver or provide the service,
• or if the date indicated is an essential condition of the contract. For example, the purchase is linked to a specific and one-off event such as a wedding or the date was expressly requested at the time of conclusion of the contract by the consumer.

If the contract is canceled, the seller must refund all the money you paid him. It must do so at the latest within 14 days of the cancelation of the contract.

The sums you have paid are automatically increased in case of delay in repayment.

If you have not received the ordered product while the seller claims to have delivered it, you must send the parcel to you. This formal notice must be given by registered letter with acknowledgement of receipt.

Request a new delivery in case of unreceived parcels