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French Consumer Law

Law No 96-603 of 5 July 1996 supplemented the definition of the sale on temporary premises by specifying that it could be sales carried out from “vehicles specially equipped for this purpose”, an addition concomitant to the development of this new mode of distribution. The trial judges defined the specially equipped vehicle as the vehicle which allows the display to the public of the goods stored  …

 Specially equipped vehicle

Law No 96-603 of 5 July 1996 supplemented the definition of the sale on temporary premises by specifying that it could be sales carried out from “vehicles specially equipped for this purpose”, an addition concomitant to the development of this new mode of distribution. The trial judges defined the specially equipped vehicle as the vehicle which allows the display to the public of the goods stored in it, and the access of customers to these goods . However, tricycles equipped with cast iron plates used for the sale on a day to day basis and without prefectoral authorization of crêpes in certain public spaces in Paris are not included in this category of vehicles, insofar as “sales on temporary premises” assumes the existence of a stock of goods to sell in a fixed place and for a limited duration of two months .   

The question arose as to whether the regulations governing sales on temporary premises apply to store trucks when the offer and the sale do not occur at the same time. To answer this question, two types of sales must be distinguished. When the delivery of the object ordered by the truck follows the sending of a catalog and the signing of a purchase order, the sale is complete when the offer is accepted by signing the purchase order. The truck only makes a delivery, which excludes the classification of sale on temporary premises, in the absence of an actual sales operation. On the other hand, if the sale takes place according to the same procedure but without an order being taken prior to the arrival of the truck, it takes place on the site where the truck is parked, a location not intended for the sale of goods to the public, and falls under the regulations on sales on temporary premises . If the seller fails to obtain the previously established purchase order from the customers, the sale is complete at the time of delivery by the truck .

  CA Riom, 26 March 1997, LawLex200400000167JBJ.

Court of Cassation, Criminal Chamber, 24 November 1993, LawLex200300001703JBJ.

 CA Dijon, 19 September 1992, LawLex200600002300JBJ: under the old law, based on the findings of a report certifying the realization of sales by acceptance of the offer made verbally on the place where the truck was parked, the judges considered that the sale is complete from this moment and, accordingly, the offense of an unauthorized sale on temporary premises was constituted.

  Court of Cassation, Criminal Chamber, 24 November 1993, LawLex200300001703JBJ.

French Consumer Law

476. Specially equipped vehicle

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476. Specially equipped vehicle

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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