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

Apart from contracts which do not fall within the scope of the consumer protection mechanism in the context of contracts concluded off-premises , and contracts concluded at trade fairs and exhibitions , certain contracts do not benefit from the right of withdrawal. These exclusions are justified either by the nature of the good or service concerned or by the disproportionate disadvantages the professional would suffer due to the withdrawal.

Article L. 221-28 of the Consumer Code, in addition to contracts concluded at a public auction, excludes from the right of withdrawal contracts relating to:

-  the provision of services fully performed before the end of the withdrawal period and whose performance began with the express prior agreement of the consumer and express waiver of his right of withdrawal ;

-  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 provision of goods made to the consumer's specifications or which are clearly customized ;

- 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 the consumer, limited to the spare parts and work strictly necessary to resolve the situation of urgency ;

-  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. In this case, exclusion from the scope of the right of withdrawal is subject to the contract imposing an obligation on the consumer to pay, the consumer's prior express consent for performance of the contract to begin before the expiry of the withdrawal period, the consumer's acknowledgement that he has lost the right to withdraw and confirmation from the professional of the consumer's agreement in accordance with the provisions of Article L.221-13, paragraph 2. 

 Consumer Code, Articles L. 224-59 to L. 224-61.

 This exclusion could not have existed before, since former Article L. 121-26 imposed an absolute prohibition on the early performance of the service.

CA Paris, 10 October 2024, LawLex202400007734JBJ, for a contract for the rental of an LED box by a GAEC (agricultural cooperative); CA Douai, 17 October 2024, LawLex202400008202JBJ: contract for the creation of a “standard” showcase website (menu, articles, photos), including a contact form, the creation and hosting of an email address and a database, as well as quarterly SEO monitoring, with the flash news, slideshow, newsletter, and testimonials options checked, does not constitute a contract for the supply of goods made to the consumer's specifications or clearly customized within the meaning of Article L. 221-28, 3° of the Consumer Code, excluded as such from the scope of the right of withdrawal, since the professional does not provide any specifications or specific instructions.

CA Rennes, 9 September 2021, LawLex202100005286JBJ: the professional, who does not demonstrate that the contract was concluded within the framework of point 8 of Article L. 221-28 of the Consumer Code, which excludes the right of withdrawal for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the latter, can neither obtain a deposit check before the expiry of the 7-day deadline from the signing of the contract  conferred by Article L. 221-1, 4° in this hypothesis, nor start the work before the expiry of the 14-day time-limit for withdrawal.

461. Scope of application