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Info and law
Online commerce is like selling in distance. As such, it is a subject to the rules of the Consumer Code governing this activity, which defines the obligations of merchants and the rights of consumers.
Information clear and precise
According to articles L121-18 et 19 of the French Consumer Code, the seller or online service provider must indicate to you ''in a clear and comprehensible manner'' his name, his telephone number to reach him, the address of his registered office or that of the institution responsible for the offer. Concerning the product or the service sold, a part from a precise description, we must notify you of the terms of payment, delivery or execution and the right of withdrawal you have. Once the order has been placed, you must receive a detail confirmation of your order with the conditions of execution and how to contact the after-sales service.
Like in the traditionnal selling, the delivery time of an order Et comme l'indique l'article L114-1,"The consumer can denounce the selling contract of a movable property or provision of a service by registered letter with acknowledgement of receipt in case of exceeding the delivery date of the property or performance of the benefit exceeding seven days and not due to force majeure''.
When we receive your product, you have 7 days (excluding saturday, sunday or day off) to exercise your right of withdrawal and cancel a sell, "without having to justify reasons or pay penalties" precise the article L121-20 of the Consumer Code. On the other hand, the seller has the right to ask you to pay the cost of the return. And if the seller has not mentioned on his site the conditions of reclamation as they are described by the article L121-19 the withdrawal retractation is increased to three months.The seller will have 30 days to pay you back. Certain conditions can work for cultural products (CD, DVD, videos...) that were packed. It will be ask to you to give back the product still packed.
To assert your rights
Like in most of the cases, the online sellers respect their obligations. But in case of dispute, some solutions can be offered to you :
- The injunction to make or pay. Free procedure that you do de la juridiction de proximité, du greffe du tribunal de commerce ou du tribunal d'instance, selon le montant et la nature du litige. Vous devez au préalable remplir un formulaire;
- Inter the directorate generale of competition, of consumption and the repression of frauds (DGCCRF). You have to contact tyhe regional branch on which the seller depends you can find ici or call the 3939 ;
- Be helped by the federation of enterprises of selling in distance (FEVAD) and it can be a mediator.
- Contact the authority of professional regulation of publicity (ARPP) to denounce a fake publicity.
- Talk to a consumer association. Attention, an adhesion is usually neccessary to submit for a litige.
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