Distance shopping: informing the consumer before the contract is signed

Distance purchasing is based on contracts that are regulated.

To consider this a distance contract, 4 conditions must be brought together:

• The contract must be concluded between trader and consumer
• The contract must be concluded within the framework of a distance selling or service provision system
• There's no no simultaneous physical presence professional and consumer
• One or more remote communication techniques are exclusively used until the conclusion of the contract (website, mail, telephone, MMS, SMS, ...)

The regulation of distance contracts shall apply also to the following contracts:

• Contract for the supply of water, gas or electricity, only where it is not packaged in a limited volume or in a fixed quantity, and contract for the supply of district heating
• Contract for the supply of digital content without hardware (for example, downloading or streaming apps, games, music, videos or texts)

Before entering into a distance contract for purchase, the business seller must provide you with the following information:

• Essential characteristics of the good, service, digital service or digital content (i.e. decisive information about the good or service such as weight, size, etc.)
• Price of the good, service, digital service or digital content
• The date or time limit by which the trader commits to deliver the goods or to provide the service, digital service or digital content
• Terms of payment, delivery and performance provided for in the contract
• Information on the identity of the trader, his postal, telephone and electronic contact details, termination conditions, dispute resolution methods, other contractual conditions. Where appropriate, the costs of the use of distance communication technology, the existence of codes of conduct and financial guarantees and guarantees.
• Where applicable, information on the legal guarantees, functionalities, compatibility and interoperability (ability of several systems to work together) of the digital content, digital service or goods containing digital elements, other contractual conditions, the existence of any software installation restrictions
• Possibility of using a consumer ombudsman (and contact details)
• When the right of withdrawal there are, conditions, time limits, conditions for exercising this right and standard form of withdrawal
• Where appropriate, the fact that the consumer pays the costs of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when, by reason of their nature, they cannot normally be returned by the Post Office (e.g. refrigerator)
• Information on the obligation of the consumer to pay a fee when exercising his right of withdrawal in the case of a contract for the provision of services, water supply, gas or electricity supply and subscription to a district heating network, the performance of which he has expressly requested before the end of the withdrawal period
• Where the right of withdrawal cannot be exercised (e.g. auction), information that the consumer does not enjoy this right or the circumstances in which he loses it
• Where applicable, application of a personalized price based on automated decision-making

In the case of a public auction, the trader's identity, postal, telephone and electronic details may be replaced by those of the authorized representative.

If the trader fails to comply with his pre-contractual obligations, he shall be liable and may be fined.

The trader is responsible for proving that he has fulfilled his obligation to inform you before the conclusion of the contract. They can do this by providing proof that you have read and sign the general conditions of sale (GTC) or the pre-contractual documents (via a box that you have ticked before being able to proceed to the payment of your purchase).

The seller of goods or the service provider must provide you with or make available to you the following information:

• Name or corporate name, geographical address where established, telephone number, e-mail address and, where applicable, geographical address and identity of the trader on whose behalf he is acting
• Where appropriate, the online means of communication complementary to his electronic address. These means guarantee that you will be able to keep all written exchanges with the professional on a durable medium, including the date and time of these exchanges
• If different from the address where the trader is established, the geographical address of his place of business. And, if applicable, the professional on whose behalf he is acting (to whom you can address any claim)

The service provider must also be able to provide you with certain additional data. This may include information on its multidisciplinary activities, partners and measures taken to avoid conflicts of interest. It must also be able to provide you, for the regulated professions, a reference to the professional rules applicable in the European country in which he is established and to the means of accessing them.

The trader must inform you about the essential characteristics of the goods or services he offers you.

The determining characteristics of the product or service must be described as precisely as possible, both qualitatively and quantitatively (technical or descriptive sheet, e.g. energy labeling data sheet).

The trader must give you this information in a legible and comprehensible way by any means appropriate to the distance communication technique used

The seller must deliver a good to you in accordance with the offer of the contract.

If the content is digital, the seller must also provide you with the following information if necessary:

• Compatibility of digital content with certain hardware or software (technical restrictions and incompatibilities)
• Functionality of the digital content used (including reproduction possibilities or technical protection measures)
• Cost of using the distance communication technique used if this cost is not calculated on the basic tariff
• Where applicable, any relevant compatibility and interoperability (communication) of goods containing digital elements, content and services of which the trader is or should reasonably be aware

The seller of a product or the provider of a service must inform you of the total price.

The price must be given in euros TTC: titleContent and must include applicable fees.

The price must be indicated to you precisely before the conclusion of the contract, by any means proving (product sheet or quotation by email for example).

Where the advertised price does not include an element or provision of services essential for the use or purpose of the product or service offered, this particularity must be explicitly stated.

The costs of dispatching or delivering and putting into service of the products must be included in the selling price, unless their amount is indicated in addition or if the supplier is chosen by you. If these services are paid for, you must be informed of their amount before the conclusion of the contract.

The seller must specify the following information in their offer:

• Conditions of delivery and performance of the contract and, if the contract cannot be performed immediately, the date or time at which he undertakes to deliver the goods or provide the service to you. Without indication, the trader delivers or performs the service at the latest 30 days after the conclusion of the contract.
• Conditions for payment of the goods or services
• Conditions for the handling of complaints
• Duration of the contract (and if necessary its minimum duration)
• Possible existence of a bond or other financial guarantees that you will have to pay or provide and their terms
• Where appropriate, the existence and conditions for the exercise of the legal guarantee of conformity, of the legal guarantee of hidden defects, of the commercial guarantee and after-sales service (SAV)

You must have access to a standard withdrawal form and be kept informed of the following information:

• Conditions for exercising your right of withdrawal or, if that right does not apply, by reason of the exceptions listed by law, its absence
• The fact that you will have to bear the costs of return in case of withdrawal if the trader does not bear them and the cost of this return of the goods if, due to its nature, the return is impossible by post
• Fees due if you withdraw from a contract for the provision of services, the performance of which began at your express request before the end of the withdrawal period

You must be informed of the duration of the contract and its conditions of termination if it is a contract of indefinite duration or tacit renewal, i.e. renewed automatically without action on your part.

You must also be informed of the methods of dispute resolution (in particular the conditions laid down by the trader for handling complaints) and the possibility of having recourse to a consumer ombudsman (whose details are specified).

The trader must communicate the information to you in a clear and understandable or make them available to you by any means adapted to the distance communication technique used (that is to say, the professional must adapt according to whether the sale is made by telephone, by internet, by SMS, etc.)

Some of the pre-contractual information may appear in the General Conditions of Sale (GTC) and the Terms of Use (GTC).

You must also be able to retain and reproduce them (for example, save and print them).

However, the trader will have to remind you directly before placing your order the information about the essential characteristics, the price, and the duration of the contract (and if applicable, its minimum duration). In addition, the trader must ensure that you acknowledge your obligation to pay when you place the order, using a function that displays the words “order with obligation to pay” or a similar form.

Where the technique used imposes space (SMS) or time (spot teleshopping) limits for the presentation of pre-contractual information, the trader must provide, by means of that communication technique, at least before the conclusion of the contract, the following:

• Essential characteristics of goods and services
• Price
• Identity
• Duration of contract
• Right of withdrawal

The trader shall also transmit, before the conclusion of the contract, the other mandatory pre-contractual information by any other means appropriate to the distance communication technique used.

The different rules depending on whether the seller is located in France, in the European Union (EU) or abroad.