French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

The right of withdrawal provided for in Article L. 221-18 of the Consumer Code constitutes an absolute and discretionary right , which can be exercised without stating the reasons , and whose scope cannot be restricted by a contractual clause, in particular in case of use of the thing . Any clause by which the consumer waives his right of withdrawal is null (Article L. 242-3). Thus, the exercise o …

Conditions of exercise

The right of withdrawal provided for in Article L. 221-18 of the Consumer Code constitutes an absolute and discretionary right , which can be exercised without stating the reasons , and whose scope cannot be restricted by a contractual clause, in particular in case of use of the thing . Any clause by which the consumer waives his right of withdrawal is null (Article L. 242-3). Thus, the exercise of the consumer's right of withdrawal cannot be submitted to any prior request to the professional .

To exercise his right of withdrawal, the consumer has a period of fourteen days from the conclusion of the contract, for contracts for the provision of services , those relating to the supply of water, gas or electricity when they are not packaged in a defined volume or quantity and those relating to the supply of district heating and digital content not provided on a physical medium. For contracts for the sale of goods or provision of services, including the delivery of goods, the period runs from the receipt of the goods by the consumer   or a third party, other than the carrier, designated by him. In the case of an order covering several products delivered separately, or that of a good composed of multiple batches or parts whose delivery is staggered over a defined period, the period starts to run on receipt of the last good or batch or the last part. Finally, for contracts which provide for the regular delivery of goods for a defined period, the period runs from the receipt of the first good. The re-codification ordinance inserted a new Article L. 221-19 according to which, in accordance with Regulation No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time-limits, the day on which the contract is entered into or the day on which the property is received is not counted in the period referred to in Article L. 221-18; the period runs from the start of the first hour of the first day and ends on the expiry of the last hour of the last day of the period; and, if this period expires on a Saturday, Sunday, public holiday or non-worked day, it is extended to the next working day. These provisions do not prevent consumers from exercising their right of withdrawal before the fourteen day period begins to run .

Where information on the right of withdrawal has not been provided to the consumer, Article L. 221-20 (former Article L. 121-21-1) specifies that the withdrawal period is extended by twelve months from the expiry of the initial withdrawal period . If the provision of this information occurs during this extension, the withdrawal period expires at the end of a period of fourteen days from the day on which the consumer received the information.

By virtue of Article L. 221-21, to inform the professional of his decision to withdraw, the consumer must send it, within the period referred to in Article L. 221-18, the withdrawal form which must be provided before the conclusion of the sale contract, whose conditions of presentation and particulars are contained in the annex to Article R. 221-1 of the Consumer Code. However, he can also inform the professional of his decision by any other declaration, unambiguous, expressing his desire to withdraw. Thus, the fact that the letter sent to the seller has not been signed by the buyer and sent by his partner does not call into question the effectiveness of the withdrawal, when it clearly expresses his desire to withdraw within the statutory time-limit . The professional can also allow the consumer to complete and submit the withdrawal form or declaration online. In this case, the professional must communicate to the consumer, without delay, an acknowledgment of receipt of the withdrawal on a durable medium. The burden of proof of the exercise of the right of withdrawal lies with the consumer .

The exercise of the right of withdrawal entails obligations both for the professional and for the consumer.

Under Article L. 221-24 (former Article L. 121-21-4), the professional is required to reimburse to the consumer all amounts paid , including delivery costs , without undue delay and no later than fourteen days from the date on which it is informed of the consumer's decision to withdraw. The Court of Cassation considers that the sanction does not undermine the right to a fair trial or property rights . For contracts for the sale of goods, unless it offers to recover the goods itself, the professional may defer the reimbursement until recovery of the goods or until the consumer provides evidence of the shipment of these goods, the date retained being that of the first of these events. The professional must make the refund using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to it using another means of payment and to the extent that the refund does not result in any costs for the consumer.

In return, the consumer restitutes the goods to the professional  or to a person designated by it, without undue delay, and no later than fourteen days after notification of his decision to withdraw, unless the professional proposes to recover the goods itself. The consumer only bears the direct costs of returning the goods, unless the professional agrees to pay them or if it has failed to inform the consumer that these costs are to be borne by him . The consumer may not be charged a flat fee for the restitution of the goods . His liability can only be incurred in the event of damage to the goods resulting from handling operations other than those necessary to establish the nature, characteristics and proper functioning of the goods , but provided that the professional has informed him of his right of withdrawal. The thing must be returned in good condition, especially when the consumer has signed the delivery note without reservation . Nevertheless, when the performance of the service has commenced at the express request of the consumer before the expiry of the withdrawal period, the consumer must pay the professional an amount corresponding to the service provided until notification of his decision to withdraw . This amount must be proportionate to the total price of the service agreed in the contract. For contracts for the supply of digital content not provided on a physical medium, the consumer who withdraws is not liable for any sum if the professional has not obtained his prior express agreement for the performance of the contract before the end of the withdrawal period and proof of his waiver of his right of withdrawal, or if the contract does not include the mandatory information relating to the right of withdrawal applicable to contracts for the distance selling of digital content independent of any physical medium .

Finally, the exercise of the right to withdraw from a main distance contract puts an end to the obligation of the parties either to perform the distance contract or the off-premises contract, or to conclude it when the consumer has made an offer. In addition, it automatically terminates any ancillary contract, at no cost to the consumer other than those described above .

 CA Reims, 27 October 2017, LawLex201700001901JBJ, holding that the fact that a consumer very frequently uses his right to cancel orders is not abusive if the seller cannot show the absence of a valid reason.

 For an example, see CA Rouen, 17 December 2008, LawLex201500001283JBJ, which recalls that the consumer does not have to justify his decision to withdraw the order even if the product delivered complies in all aspects with the one described in the technical data sheet and catalog of the seller, the photographs sent to him and his order; CA Chambéry, 27 February 2014, LawLex201500001168JBJ.

 CA Rennes, April 3, 2009, LawLex201200001456JBJ, on the obligation for a DVD rental company to refund the monthly subscription fees unduly withdrawn; Cass. 1re civ., 23 June 1993, cited above, which requires the seller to establish that it has made the refund.

 See Cass. 1re civ., 23 June 1993, cited above, on the obligation to refund without penalties, with the exception of return costs; Case C-511/08 Handelsgesellschaft Heinrich Heine GmbH, Judgment of 15 April 2010, LawLex201100000612JBJ, which excludes that the shipping costs remain the responsibility of the consumer. The professional is not obliged to reimburse the additional costs if the consumer has expressly chosen a delivery method more expensive than the standard delivery method proposed by the professional.

 Cass. 1re civ., 17 January 2018, LawLex201800000242JBJ. 

 CA Rouen, 30 November 2006, LawLex201200001453JBJ: the supplier may refuse to reimburse the consumer in the absence of physical return of the goods, when this absence is attributable to the consumer.

 TGI  Bordeaux, 11 March 2008, LawLex200800000346JBJ.

The consumer cannot be penalized for having used the good during the short period of time of the withdrawal period, see TGI Paris, 4 February 2003, LawLex200300001098JBJ. Cf. CA Rouen, December 17, 2008, cited above, which orders the reimbursement of the goods only up to 20% of the price when their intensive use by the buyer has caused such significant deterioration (80% of the price) that the resale of the equipment is no longer possible.

 CA Chambéry, 27 February 2014, cited above.

 TGI Paris, 4 February 2003, LawLex200300001098JBJ.

 TGI Bordeaux, 11 March 2008, LawLex200800000346JBJ.

 Where appropriate, the period is deferred to the day on which the consumer became aware of the acceptance of the offer: See CA Lyon, 21 April 2011, LawLex201200001384JBJ; see also CA Versailles, 8 February 2019, LawLex201900000203JBJ, holding that the clause which makes the right of withdrawal subject to the deposit of the product at a post office within three days of the delivery note does not comply with Article L. 221-18 of the Consumer Code.

 See Cass. 1re civ., 23 June 1993, LawLex200400001125JBJ.

CA Montpellier, 27 February 2019, LawLex201900000288JBJ.

Before the Hamon Law, this period was three months. See, for applications, CA Rouen, 19 May 2005, LawLex201500001247JBJ; CA Paris, 25 February 2011, LawLex201200001359JBJ.

 CA Colmar, 5 October 2015, LawLex201500001287JBJ.

French Consumer Law

446. Conditions of exercise

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

446. Conditions of exercise

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise