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Remote Sales: right of withdrawal

Verified 04 July 2022 - Directorate for Legal and Administrative Information (Prime Minister), Directorate General for Competition, Consumption and Fraud Enforcement (DGCCRF)

You have 14 days to change your mind. That's the right of withdrawal. This time limit applies to cases of purchase by Internet, telephone or postal means (sale via printed catalogues received by La Poste) or by fax. If you exercise this right, the seller must repay you the goods or services ordered. Some purchases are not affected.

If you purchase a good or service remotely, you have the right to change your mind about your purchase. That's the right of withdrawal.

The seller must inform you of the existence or absence of this right before closing your order. He may use a standard information notice.

However, the right of withdrawal does not apply for the following purchases:

  • Goods or services whose price depends on fluctuations in financial market rates, which may occur during the withdrawal period (example: gold purchase)
  • Goods made on your request or clearly personalised whose manufacture requires special adaptations to meet very precise technical and aesthetic requirements (for example, furniture or clothing made to measure). The choice of options (colour, finish...) in the standard ranges offered by the professional does not modify the nature or destination of the goods, to make them distinctly personal
  • Deteriorating or perishable goods quickly, except food with a minimum durability date (MDD)
  • Goods that you have opened and cannot be returned for reasons of hygiene or health protection (e.g. cosmetics, underwear sold in closed bags)
  • Inseparable properties of other items (for example, remote control for a TV)
  • Digital content provided on intangible media and a contract to subscribe to these services, which started with your agreement and for which you have waived your right of withdrawal (for example, a downloaded film)
  • Services that have been fully performed before the end of the withdrawal period and that have started with your express agreement or request. A service can be considered to be performed if you have made a reservation (for example, parking space), but you have not taken advantage of the service without cancellation. For example, if you reserved a parking space for September 20 but did not use it, you will not be able to use your right of withdrawal on September 21
  • Supply of alcoholic beverages whose delivery is delayed beyond 30 days and whose value depends on financial market rates (e.g. pre-harvest grand crus)
  • CDs, DVDs, or computer software that you have opened
  • Provision of newspapers, periodicals or magazines, except for subscription contracts
  • Urgent maintenance or repair work carried out at your home and at your request, subject to spare parts and work necessary for strict repair. Thus, the replacement or installation of equipment that is unrelated to the failure or that goes beyond repair is subject to the exercise of the right of withdrawal. For example, you settle an armoured door when you apply for a door opening
  • Concluded at a public auction. In the absence tendering procedure, electronic brokerage transactions (intervention of a third party in the description of the property and the conclusion of the sale) are subject to the right of withdrawal
  • Accommodation service (hotel, camping...), transport of goods, car rental, catering or leisure activities provided on a specific date or periodicity (show ticket...). The sale of vouchers or vouchers for welfare benefits with a validity period of 1 year does not fall within the exception to the right of withdrawal

FYI  

the right of withdrawal shall also apply where the goods purchased on the internet come from a professional located in European Union.

You have a time limit 14 days minimum to change your mind about your remote purchase. The same time limit applies for telephone solicitation.

The 14-day period is the minimum legal period.

The trader can offer a longer time to his clients.

The right of withdrawal also applies if the product is closed, used or unstored.

Warning  

the 14-day deadline begins on next the conclusion of the contract or the delivery of the goods. If this period expires on a Saturday, Sunday or holiday, it shall be extended until the first working day next.

Depending on the purchase, you can exercise your right of withdrawal from a different time.

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Purchase of property

You can exercise your right of withdrawal from the day after receipt of the property.

Purchase of Multiple Assets

You can exercise your right of withdrawal from the day following receipt of the last product ordered.

Please note

if the contract provides for the regular delivery of goods for a defined period, the period shall begin the day following receipt of 1to good.

Purchase service

You can exercise your right of withdrawal from the day following the signing of the contract. For example, telephone subscription, electricity supply, water supply.

Example :

telephone subscription, supply of electricity, water, etc.

Coupled purchase of goods and services (example: providing a box with an internet subscription)

You can exercise your right of withdrawal from the day after receipt of the property.

FYI  

if the seller has not informed you of your right of withdrawal, the period shall be extended by 12 months from the end of the initial withdrawal period. But if this information is provided to you during this extension, the time limit is again 14 days. It starts on the date you receive the information.

Before the withdrawal period expires, you must send the seller one of the following:

  • Type form for withdrawal provided with the contract
  • Other text expressing your wish to withdraw

You can use a document template to write your mail.

Withdraw from remote purchase of property

Simply returning the goods without declaration or refusing to take delivery is not enough to express your wish to withdraw.

You do not have to justify or justify your decision.

The trader may not require specific conditions (e.g., a registered letter with acknowledgement of receipt).

However, if this is necessary, you will need to be able to provide the evidence to prove the use of your right of withdrawal.

Any clause by which the consumer relinquishes his right of withdrawal shall be void.

The seller may also allow you to complete and submit the form or declaration on their website. In this case, the trader will give you an acknowledgement of receipt of your withdrawal.

In case of dispute, you will have to prove that you have met the withdrawal period.

The main contract and ancillary contracts to the main contract of sale or supply of service (examples: insurance contract, credit contract) are terminated.

You must return the product.

The seller must refund you the full amount of money you paid, including shipping.

You must return the goods to the seller within 14 days of sending your withdrawal.

You must pay:

  • Direct return costs unless the seller pays for them or does not inform you that you have to pay these costs
  • Additional shipping charges for goods if you chose a more expensive delivery method than the seller's proposed delivery method. For example, if you choose an express delivery within 24 hours while the seller offered a cheaper delivery method, you pay the difference in cost between these 2 types of delivery.
  • Fixed and proportional costs of providing the service that started before the end of the withdrawal period at your express request.

In case of an express request to perform the service before the end of the withdrawal period, you pay nothing if the trader has not collected your request on paper or on durable support. This is also the case if the trader has not informed you of the obligation to pay a fee for the service provided until the withdrawal.

In case of return of part of the order, the seller must refund you the delivery costs in proportion to the number of items returned, except in case of flat delivery charges.

Refund time

The seller must repay you within 14 days of the date on which the seller was informed of your withdrawal decision, unless the delay is justified.

However, for a sale of goods, the seller may defer the refund until the day the goods are recovered or until you have provided proof of shipment of the goods.

Please note

the use of gift certificates makes it impossible to refund cash.

In case of late payment (after 14 days or after the return of the property), the amounts due are automatically increased.

Increases in case of late repayment since 1 July 2022

Delay

Increases on amounts due by the trader

10 days maximum

3,15%

Between 10 and 20 days

5%

Between 20 and 30 days

10%

Between 30 and 60 days

20%

Between 60 and 90 days

50%

By new month late

5 additional points within the limit of doubling the price of the product, and then above the statutory interest rate (3,15%)

In case of difficulty to be reimbursed, you can challenge the professional.

Forcing the seller to repay the sums paid following the exercise of his right of withdrawal

In case of dispute, you can enter consumer association or the Federation of Distance Selling companies (Fevad).

Means of repayment

The seller reimburses you by the same means of payment as for the purchase.

If you agree, it can also use another means at no additional cost to you.

Thus, a refund in the form of a credit note or purchase voucher can only take place if the purchase has been made in this form, or if the consumer has given his express consent for a refund in this form.

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