Distance purchasing: conclusion of the contract

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

Your agreement following a purchase on the Internet, by mail order, teleshopping or telephone from a professional can be formalized in several ways. The conditions for concluding the order are different depending on whether you placed it online or not. Purchases made by electronic means (internet, email, SMS, MMS...) are subject to special rules.

Buying on the internet

When you place an order online, the seller must remind you:

  • the essential characteristics of the goods or services ordered,
  • their price,
  • the duration of the contract,
  • and your commitment period.

He must also tell you:

  • the various steps to complete the order,
  • the technical means that allow you, before the conclusion of the order, to identify your errors in the data entry and to correct them,
  • the languages proposed for the conclusion of the contract,
  • in the case of archiving of the contract, the conditions of this archiving and your conditions of access to the archived contract,
  • the means of consulting the professional and commercial rules which he undertakes to follow by electronic means.

In order for the order to be valid, you must have been able, before confirming it:

  • check the details and the total price
  • and correct any errors.

At the latest at the beginning of the ordering process, you must have been clearly and legibly informed of the means of payment accepted by the seller and any delivery restrictions.

Your consent is expressed in a double-click (2 mouse clicks):

  • on 1er click to validate your order,
  • on 2nd click to confirm your order permanently after having checked it and, if necessary, corrected it.

In the absence of double-click or information about the obligation to pay, the sale is considered invalid.

The seller must ensure that when placing your order, you explicitly acknowledge your obligation to pay. The function used to validate your order must include the following statement:

  • order with payment obligation

  • or an equivalent formula indicating that the placing of an order requires its payment.

In addition, the seller must ensure your consent for any paid option in addition to the price of the main subject of the contract. It is prohibited to pre-check boxes for additional paid benefits.

Once your order has been completed, the seller must acknowledge receipt by electronic means, without undue delay, unless the contract has been concluded exclusively by electronic mail.

The order, its confirmation and the acknowledgement of receipt are considered as received when you and the seller can have access to it:

  • by email,
  • or from a page that can be printed and consulted on the site, for example.

An electronically concluded contract for a sum equal to or greater than €120, must be archived by the seller:

  • for a period of 10 years from the conclusion of the contract if the goods or services are delivered immediately,
  • otherwise, from the conclusion of the contract and for a period of 10 years from the date of delivery or performance of the goods or services.

If you request it, the seller must allow you to access the contract at any time.

For contracts which involve an amount less than €120, no record-keeping obligation is foreseen.

Other remote purchases (by phone, by mail...)

You can agree to an order for goods or services in writing or orally.

The agreement is written when you send, for example, a signed purchase order.

The agreement is verbal (oral) when you call the seller and complete an order by phone. Your handwritten signature is not required to confirm the order.

However, when it is the professional who calls you to conclude, and not to propose a modification or extension of a contract (we speak of canvassing telephone), your consent is required. The latter must be in writing or by electronic means.

The trader must:

  • identify yourself at the beginning of the telephone conversation,
  • indicate the commercial nature of the call,
  • and possibly the identity of the person on whose behalf he is acting.

By telephone, this information is limited to the communication of essential information (identity of the trader, characteristics, price, duration of the contract, right of withdrawal). The other mandatory information are transmitted by any other means suitable for the remote communication technique.

The trader must send you a written confirmation of the offer he has made on paper or on another durable support. This offer must contain mandatory pre-contractual information. You agree only after you have signed and accepted the contract offer in writing or after you have given your consent electronically.

FYI  

your agreement can only be given after the end of the phone call and after receiving confirmation of the offer, i.e. after sufficient time to review the commercial proposal.

FAQ