Remote purchasing: delivery of the goods or performance of the service
Verified 03 October 2019 - Directorate for Legal and Administrative Information (Prime Minister), Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)
Following a remote purchase from a professional seller, you have rights regarding the delivery date of the goods or services and the tracking of your order. These rights may concern in particular cases of improper execution or failure to deliver your order. The distance purchases concerned are those made on the Internet, by mail-order, telephone or teleshopping.
The professional seller must deliver the goods or provide the service to you on the date or within the time indicated before and when the contract is concluded.
If the seller has not given you a date or deadline, or if there is no agreement with you, the seller must deliver the goods or provide the service to you 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, point-of-care delivery).
The means of communication available to you to follow the execution of your order cannot be surcharged.
When the business seller offers a telephone support number, they are charged at the price of a local call. However, it is not required to offer a telephone support number.
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Delivery is made by the carrier proposed by the seller
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.
Delivery is made by the carrier you have chosen
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.
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Non-compliant or defective product
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.
Product damaged during transport
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.
FYI
for damage or partial loss related to the transport, the seller can provide in its general conditions that the consumer can also contact the carrier directly.
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.
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 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.
Delay Time | Surcharge payable by the trader |
|---|---|
If the refund occurs within 30 days after the cancelation of the contract | 10% |
If the refund occurs between 31 and 60 days after the cancelation of the contract | 20% |
If the refund occurs after 61 days after the cancelation of the contract | 50% |
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.
- Consumer Code: Articles L111-1 to L111-8Prior information
- Consumer Code: Articles L221-11 to L221-15Obligations of the trader
- Consumer Code: Articles L216-1 to L216-8Delivery (definition, non-respect of the deadline, refusal of delivery, termination of the contract, refund, surcharge, ...)
- Consumer Code: Articles L217-17 to L217-20Packing slip
- Consumer Code: Article L221-15Seller's liability
- Consumer Code: Article L224-65Delivery: carrier responsibility
- Consumer Code: Articles L221-18 to L221-28Article L221-19 (delivery: rules applicable to time limits)
- Consumer Code: Article L241-4Surcharge in the event of delay in reimbursement
- Civil Code: Article 1604Issue of the item sold
- Civil Code: Articles 1217 and 1218Force majeure
- Commercial Code: Articles L133-1 to L133-9Delivery of the goods by a carrier other than that proposed by the seller: transfer of risks (Article L133-1)
- Commercial Code: Articles L133-3 to L133-9Delivery of the goods by a carrier other than the one offered by the seller:
- Distance shopping, e-commerce: steps and recourse in case of disputeService-Public.fr
- Online Shopping Guide (PDF - 1.6 MB)National Institute of Consumer Affairs (INC)
- Buy online in 10 questions and answersNational Institute of Consumer Affairs (INC)
- Delivery times: what are the rules?Ministry of Economy