The French Consumer Code governs relations between professionals and consumers (individuals acting in a private capacity). It grants consumers a number of particularly protective rights, including the right of withdrawal and the obligation to provide pre-contractual information.
Under certain conditions, certain provisions of consumer law may apply to certain professionals. These include the right of withdrawal.
You must offer your customer a right of withdrawal if :
- The contract is concluded off-site; and
- The subject of the contract does not fall within the customer’s main field of activity (e.g.: contract for the creation of a website when the customer has a gardening business); and
- The customer has 5 employees or less.
What is an off-premises contract?
This contract is defined in article L. 221-1 of the French Consumer Code, which applies in particular to contracts concluded at a place of sale which is not the seller’s usual place of business (a fair, exhibition, promotional excursion, etc.) or concluded at the seller’s usual place of business immediately after a meeting at such a place.
If your sales process falls into this category, or is likely to do so on the occasion of a particular event, you need to adapt your General Terms and Conditions of Sale.
In particular, you must :
- Insert the specific information required by article L. 221-5 of the French Consumer Code;
- Include all the special provisions applicable to off-premises contracts set out in the Consumer Code;
- Establish a right of withdrawal.
Professionals operating at trade fairs and exhibitions are particularly likely to have their General Terms and Conditions of Sale reviewed by the relevant authorities.
