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Remote purchase: delivery of goods or performance of services

Verified 03 October 2019 - Directorate for Legal and Administrative Information (Prime Minister), Directorate-General for Competition, Consumption and Fraud Prevention (DGCCRF)

Following a remote purchase from a professional seller, you have rights regarding the date of delivery of the goods or services as well as the tracking of your order. These rights may relate in particular to cases of incorrect execution or failure to deliver your order. The remote purchases concerned are those made on the Internet, by correspondence, telephone or remote purchase.

The professional seller must deliver the goods to you or provide the service to you on the date or within the period specified before and at the time of the conclusion of the contract.

If the seller has not given you a date or time limit, or in the absence of an agreement with you, the seller must deliver the goods to you or provide the service no later than 30 days after your order.

The professional seller must comply with the delivery method specified in the contract (e.g., home delivery, relay point delivery).

The means of communication at your disposal to monitor the execution of your order cannot be overcharged.

When the business seller offers a helpline number, it is charged at the price of a local call. However, he is not obliged to offer a telephone helpline.

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Delivery is performed by the carrier offered by the seller

The seller is solely responsible for the proper 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 having received the ordered product, he shall bear the risk of losing the product. This responsibility is automatic. So you don't have to prove a mistake.

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

  • your action,
  • or the unforeseeable and insurmountable act of a person who is not a party to the contract (the service providers to which the seller relies are not regarded 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 packages.

Delivery is made by the carrier you have chosen

The carrier is supposed to be responsible. In case of damage, you will have to resort to the carrier by registered letter within 3 days. The delay is increased to 10 days if the carrier has not given you the opportunity to check the condition of the package.

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Product not compliant or defective

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

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

You may also, under certain conditions, implement:

Product damaged during transport

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

If you accept delivery, you can still write down your remarks on the delivery note or on the invoice. You must contact the seller's customer service department quickly.

The clauses of the contracts which limit or remove the responsibility of the seller for the delivery to the consumer of a good conforming, are considered invalid. For example, a clause requiring immediate verification of the goods by the consumer is considered abusive and therefore invalid.

FYI  

in the event of partial damage or loss in connection with carriage, the seller may provide in its general conditions that the consumer may also contact the carrier directly.

If you have chosen a carrier other than the one offered by the seller, you must act against the carrier by registered letter within 3 days. The delay is increased to 10 days if it has not left you the opportunity to check the condition of the package.

Product not delivered

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

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

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

However, you can cancel your order directly:

  • in the event of the seller's refusal to deliver or provide the service,
  • or if the date specified constitutes an essential condition of the contract. For example, the purchase is linked to a specific and punctual event such as a marriage or the date was expressly requested at the time the consumer concluded the contract.

If the contract is canceled, the seller must reimburse you for the full amount you paid. It must do so no later than 14 days after the cancelation of the contract.

The sums you have paid are automatically increased (increased) in case of delay in the refund.

Increases due by the trader in case of delay in reimbursement

Delay time

Professional mark-up

If the refund occurs within 30 days after cancelation of the contract

10%

If the refund occurs between 31 and 60 days after the cancelation of the contract

20%

If the refund is made after 61 days after the cancelation of the contract

50%

If you have not received the product ordered and the seller claims to have delivered it, you must give notice to send the package to you. This notice must be sent by registered letter with acknowledgement of receipt.

Request a new delivery in case of unreceived package