Internet or non-store sales: the obligations of professionals are reinforced

It is now 15 pieces of information, instead of 6, which must be communicated during a sale on the internet or outside a commercial establishment. In addition, the forms relating to the right of withdrawal are modified.

Distance selling: the 15 pieces of information to communicate

In the case of distance selling, on the Internet or outside stores, the information that the professional must communicate to consumers is now as follows:

  • 1°. His name or company name, the geographical address where the professional is established, his telephone number and his e-mail address as well as, where applicable, the geographical address and the identity of the professional on whose behalf he is acting;
  • 2°. If applicable, the means of online communication additional to those mentioned above. These means guarantee the consumer to be able to keep all written exchanges with the professional on a durable medium, including the date and time of these exchanges;
  • 3°. If it differs from the address provided in 1°, the geographical address of his commercial headquarters and, if applicable, that of the professional on whose behalf he is acting, to which the consumer can address any complaints;
  • 4°. The terms of payment, delivery and performance provided for in the contract;
  • 5°. If applicable, the processing methods provided for the processing of complaints;
  • 6°. If applicable, the existence and terms of implementation of the legal guarantee of conformity, the guarantee against hidden defects, or any other applicable legal guarantee;
  • 7°. If applicable, the existence and terms of implementation of the commercial warranty and after-sales service;
  • 8°. If applicable, the duration of the contract or, if it is an open-ended or automatically renewable contract, the termination conditions;
  • 9°. If applicable, the functionality of goods incorporating digital elements, content and services, including applicable technical protection measures;
  • 10°. If applicable, any relevant compatibility and interoperability of goods comprising digital elements, content and services of which the trader is or should reasonably be aware;
  • 11°. The contact details of the competent consumer mediator(s) to whom the consumer may have recourse;
  • 12°. The cost of using the technique of distance communication for the conclusion of the contract when this cost is calculated on a basis other than the basic rate;
  • 13°. If applicable, the existence of codes of conduct applicable to the contract and the procedures for obtaining a copy;
  • 14°. If applicable, the minimum duration of the consumer’s contractual obligations;
  • 15°. If applicable, the existence of a deposit or other financial guarantees to be paid or provided by the consumer at the request of the professional as well as the related conditions”.

New models of information notice and withdrawal form

As soon as the right of withdrawal may apply for the sale in question, the trader is in the obligation to deliver a withdrawal form to the customer, as well as a information notice regarding this right of withdrawal.

The models of these two documents, set by the legislator, are now modified and available on our practical sheet:


Specials

In the case of promotions, the previous prices must be clearly specified in the reduction announcements.

Coming into force

The new provisions above will enter into force on May 28, 2022.

Source: decree n° 2022-424 of March 25, 2022, JO of 26.

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Internet or non-store sales: the obligations of professionals are reinforced


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