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

Under Article L. 221-15  of the Consumer Code , the professional is strictly liable for the proper performance of the distance contract, whether the obligations are incumbent on it or on a service provider who is not party to the contract . However, in the latter case, the professional has a right of recourse against the service provider that substituted it. To exempt itself in whole or in part fr …

Strict liability

Under Article L. 221-15  of the Consumer Code , the professional is strictly liable for the proper performance of the distance contract, whether the obligations are incumbent on it or on a service provider who is not party to the contract . However, in the latter case, the professional has a right of recourse against the service provider that substituted it. To exempt itself in whole or in part from its liability, the professional must establish that the non-performance or poor performance is attributable to the consumer or is due to an unforeseeable and insurmountable event attributable to a third party or a force majeure event.

The concept of professional is broadly interpreted by case law. Thus, considered as having the status of professional and not third party to the contract whose fault could exempt the seller, is the company that served as an intermediary, such as the website that puts sellers and buyers into contact , or the deliveryman . Moreover, a travel agency cannot rely on its status as airline agent to exonerate itself from its liability towards its customers in the event of over-booking .

The seller can exonerate itself by demonstrating the fault of the consumer. This is the case when the consumer has continued with the transaction, even though he was alerted by the managers the retail site of the lack of reliability of the operation . On the other hand, the seller cannot rely on the consumer's lack of cooperation in identifying the malfunction reported when it also reacted late and inadequately . In addition, when in the exercise of his right of withdrawal, the consumer returns a different article than the article ordered, the professional is required, under Article L. 221-15, to refund it unless it is able to establish with certainty that it did not ship that specific article to the consumer .

As a matter of public policy, the strict liability of the professional may not be contractually excluded or limited, except in cases provided for by law . The professional cannot enforce a clause against the consumer relating to its invoices according to which the products purchased are transported at the risks of the purchaser   or the after-sales service is provided not by it but by the importer of the goods sold . The results-based obligation established by Article L. 221-15 of the Consumer Code does not, however, exempt the consumer from proving the fault alleged .

The liability referred to in the text may result in the award of damages but also in the rescission of the contract along with an order to bear the costs of returning the thing .

CA Paris, 14 November 2019, LawLex201900001402JBJ, stressing that the purchaser of an online sales site is bound by the commitments entered into by the transferor according to the terms of Article L. 221-15 of the Consumer Code.

  CA Besançon, 3 May 2013, LawLex201500001148JBJ.

  CA Angers, 18 October 2011, LawLex201400001863JBJ.

  Jur. prox. Angers, 6 December 2010, LawLex201500001160JBJ.

  See CA Colmar, 6 September 2007, LawLex201200001381JBJ; CA Douai, November 8, 2010, LawLex201200001387JBJ. Cf. TI Dieppe, 7 February 2011, LawLex201500001279JBJ, holding that there is no right of withdrawal when the sale is concluded between individuals.

  Cass. 1re civ., 13 November 2008, LawLex201200001374JBJ; CA Paris, 12 September 2013, LawLex201500001147JBJ: the carrier is not a third party to the contract.

  See Cass. 1re civ., 15 November 2010, LawLex201200001372JBJ: holding that Article L. 211-7 of the Tourism Code does not derogate from Article (L. 221-15). Contra: TI Fougères, 19 December 2006, LawLex200800001229JBJ.

  TI Rennes, 26 March 2007, LawLex200700000890JBJ.

  CA Angers, 18 October 2011, LawLex201400000315JBJ.

 CA Reims, 27 October 2017, LawLex201700001901JBJ.

  See Cass. 1re civ., 13 November 2008, cited above.

 CA Rouen, 16 March 2017, LawLex201800000631JBJ.

French Consumer Law

447. Strict liability

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

447. Strict liability

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise