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

In order to protect the consent of the consumer who, when he contracts at a distance, does not have all the means to make an informed commitment, the legislator has granted him a right of withdrawal, which allows him to reflect on the scope of his commitment and, if necessary, to go back on his decision during a short period of time .
With the information obligation, this system is one of the esse …

Scope

In order to protect the consent of the consumer who, when he contracts at a distance, does not have all the means to make an informed commitment, the legislator has granted him a right of withdrawal, which allows him to reflect on the scope of his commitment and, if necessary, to go back on his decision during a short period of time .

With the information obligation, this system is one of the essential conditions for the validity of contracts concluded as a result of a distance sale.

Nevertheless, some contracts, apart from those excluded from the scope of the regulations on distance selling, do not give rise to a right of withdrawal, either because the nature of the goods or services concerned prevents it, or because the withdrawal would cause the professional to suffer disproportionate disadvantages. Article L. 221-28 of the Consumer Code provides an exhaustive list of these contracts . They include, in addition to contracts concluded at a public auction, those relating to:

-  the provision of services fully performed before the end of the withdrawal period, and whose performance began with the express prior consent of the consumer and the express waiver of his right of withdrawal ; according to the Court of Cassation, such a derogation does not infringe the principle of equality before the law ; however, the exclusion of the right of withdrawal implies that the consumer has been informed of the existence of this right ;

-  the provision of goods or services whose price depends on fluctuations in financial market beyond the control of the professional and which may occur during the withdrawal period;

-  the supply of goods made according to the consumer's specifications or which are clearly personalized; the exception does not apply to the registration of a moped, which does not alter its nature or intended purpose , to the choice of options for the color of the paintwork or the installation of a long-distance security alarm on a vehicle  or to the order of a used vehicle which the consumer wants to have equipped with a number of standard items of equipment ;

-  the supply of goods likely to deteriorate or expire rapidly;

-  the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or the protection of health;

-  the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;

-  the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed on the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

-  maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of the spare parts and work strictly necessary to respond to the emergency;

-  the supply of audio or video recordings or computer software if they have been unsealed by the consumer after delivery ;

-  the supply of a newspaper, periodical or magazine, except for contracts for subscribing to such publications;

-  the provision of accommodation services , other than residential accommodation, services for the transport of goods , car rentals , catering or leisure activities to be provided at a given date or time;

-  the supply of digital content not provided on a physical medium whose performance has begun with the express prior agreement of the consumer and the express waiver of his right of withdrawal .

  The period of seven days prior to Law No 2014-344 of 17 March 2004 was increased to fourteen days with regard to distance selling. In real estate loans or consumer credit, there is no reference to a right of withdrawal, but to a period of reflection insofar as the consumer can only commit on the expiry of this period, whereas in the case of direct selling or distance selling, the contract is already concluded.

  TGI Bordeaux, 11 March 2008, LawLex200800000346JBJ: as products removed from stock are not covered by the list, they cannot be excluded from the right of withdrawal.

  See regarding railway transport, Cass. 1re civ., 6 December 2007, LawLex201500001284JBJ.

 See regarding the hire of a car without a driver, Case C-336/03 EasyCar (UK) Ltd, Judgment of 10 March 2005, LawLex200900000379JBJ.

CAA Paris, May 28, 2019, LawLex201900000749JBJ, holding that the activity of online delivery of no-lien certificates or administrative status certificates does not come within the scope of this exception.

CAA Paris, 28 May 2019, LawLex201900000749JBJ, holding that a professional who imposes on consumers the immediate performance of the service and waiver of the latter's right of withdrawal, without the latter benefiting from the initiative, is subject to an administrative fine.

  Cass. 1re civ., 13 September 2011, LawLex201500001167JBJ: therefore, the question of its constitutionality being referred to the Constitutional Council is not justified.

 CA Rouen, 19 May 2005, LawLex201500001247JBJ.

  Cass. 1re civ., 20 March 2013, LawLex201300000418JBJ.

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

 CA Douai, 24 September 2015, LawLex201500001231JBJ.

  CA Rouen, 5 January 2006, LawLex201200001820JBJ: as Article (L. 221-28, 9°) of the Consumer Code excludes the exercise of the right of withdrawal for contracts for the supply of computer software when they have been unsealed, the consumer who as chosen to use them to make the hardware operational after delivery has deprived himself of his right of withdrawal on all the computer equipment sold and is no longer justified in obtaining its reimbursement.

  See regarding the booking of a hotel room, Cass. 1re civ., 25 November 2010, LawLex201200001371JBJ.

French Consumer Law

445. Scope

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445. Scope

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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