Right of withdrawal in France
The right of withdrawal allows the consumer to cancel the order placed online within 14 days, without having to justify his decision and without incurring any other costs (except for possible return costs).
This right also applies to the sale of goods on sale and second-hand goods.
The period starts the day after receipt for the sale of goods and from the conclusion of the contract for services.
You must mention this right, specify the conditions, the time limit and the terms of exercise (whether or not you will pay the return costs), and propose a standard withdrawal form.
When you are informed of the customer’s decision to withdraw, you have a period of 14 days to proceed to the reimbursement of the totality of the sums paid.
The same rules apply to products on sale.
However, some products or services are not subject to the right of withdrawal and can therefore not be refunded. This is particularly the case for the following products :
Personalized product: it has been specially made for the consumer (custom-made for example)
Quickly perishable products: food products for example
Software, video cassettes, CDs, DVDs if they have been unsealed by the consumer
Press: newspapers, periodicals or magazines
Provision of accommodation, transport of goods, car rental, catering or leisure activities provided on a specific date
Provision of services fully executed before the end of the withdrawal period: the execution of the service must have begun after prior express consent of the consumer and express waiver of his right of withdrawal
✅
Personalized product: it has been specially made for the consumer (custom-made for example)
✅
Quickly perishable products: food products for example
✅
Software, video cassettes, CDs, DVDs if they have been unsealed by the consumer
✅
Press: newspapers, periodicals or magazines
✅
Provision of accommodation, transport of goods, car rental, catering or leisure activities provided on a specific date
✅
Provision of services fully executed before the end of the withdrawal period: the execution of the service must have begun after prior express consent of the consumer and express waiver of his right of withdrawal
Attention
The absence of information on the existence of a right of withdrawal is punishable by an administrative fine of €15,000 for a sole proprietorship and €75,000 for a company (SARL, SA, SAS, etc.).
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