The consumer's right to withdraw at a distance selling

Overview: Today, distance selling is growing more and more. This is a technical business of selling goods or providing a service without the simultaneous physical presence of the professional and the client. Distance selling is now highly regulated by the Consumer Code. Indeed, to limit abuse, the law requires that certain rules are followed. If purchasing from a distance, the consumer has a right of withdrawal, but a delay must be respected. The consumer has a period of seven days to change your mind about the purchase. This is a minimum statutory period because it is possible that the professional has more time to its customers ("satisfaction guarantee" of 15 days, 3 weeks ...). This article is intended to inform consumers about their rights.

Today, distance selling is growing more and more. This is a technical business of selling goods or providing a service without the simultaneous physical presence of the professional and the client.

Distance selling is now highly regulated by the Consumer Code.

Indeed, to limit abuse, the law requires that certain rules are followed.

If purchasing from a distance, the consumer has a right of withdrawal, but a delay must be respected.

The consumer has a period of seven days to change your mind about the purchase.

This is a minimum statutory period because it is possible that the professional has more time to its customers ("satisfaction guarantee" of 15 days, 3 weeks ...).

For the sale of goods, the period runs from the day following receipt of the merchandise.

For service delivery, the period runs from the day of acceptance of the offer.

Note that when the period ends on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day.

This right of withdrawal shall be subject to reimbursement by the seller of the property or service delivery.

If it shrinks, no reason is necessary and no penalty may be required.

In a decision dated December 17, 2008, it was considered that the consumer who buys a product at a distance has a legal right to return without having to provide justification.

 If it uses this right, it should return the product quickly and in good condition, except to compensate the company (CA Rouen, December 17, 2008, Sté JP3 c / LF: Jurisdata No. 2009-376989).

However, it may have to pay return shipping costs.

Note that the right of withdrawal applies to sale items, used or removed from stock.

However, be aware that this right of withdrawal does not apply to certain contracts.

Indeed, the right of withdrawal can not be exercised for supply contracts:

- Services whose performance has begun, with the consent of consumers before the end of the withdrawal period,

- Goods or services whose price depends on financial market rates,

- Of goods made to the specifications requested by the consumer or clearly personalized

- Goods which by their nature, can not be returned or may deteriorate or expire rapidly (food)

- Video cassettes, CDs, DVDs or computer software if they were opened by the consumer,

- Newspapers, periodicals or magazines,

- Services paris or authorized lotteries.

In addition, the right of withdrawal does not exist for contracts on the supply of consumer goods at home or the workplace of the consumer by a seller making frequent and regular rounds.

Thus, in a decision of the District Court of 7 February 2011, the national near Dieppe, in a dispute concerning a sale on Priceminister agreement between two individuals does not include the right of withdrawal in this type of transaction (IT Dieppe , jur. Nearby, Feb. 7. 2011, Igor D. c / Priceminister).

The Court thus rejected the right of withdrawal in sales between private conclude on platform.

The right of withdrawal is not in the contracts on the provision of accommodation services, transport, catering and leisure facilities, which are provided on a date or at specified intervals (train ticket, d plane, entertainment, travel package, hotel or rental car).

Thus, in a ruling dated November 25, 2010, the Supreme Court applied Article L. 121-20-4 of the Consumer Code, which excludes the right of withdrawal for distance contracts whose purpose is the provision of accommodation services (Cass. civ 1st., November 25, 2010, No. 09-70833, stereo Travel Agency Go Travel c / D: Jurisdata No. 2010-021962).

In case of dispute with the professional, the burden of proof is on the consumer to prove that he has met the deadline to withdraw legal or conventional.

It is therefore worthwhile to retain proof of reference (sent recorded delivery ...).