You’ve sold a product to a customer and they’re not happy with it. The customer may have changed their mind, the item may be damaged… your customer wants their money back. What exactly are your rights and responsibilities?
The right of withdrawal
The right of withdrawal is a right that certain buyers have, under certain conditions, to return a product to the seller and request a refund, without having to justify themselves.
The right of withdrawal only applies to sales made at a distance or off-premises (without the simultaneous physical presence of both parties), and where the buyer is a consumer, i.e. a natural person purchasing for personal use.
In special cases of “off-premises” sales, the right of withdrawal can be extended to professional buyers. This applies in particular to contracts concluded at trade fairs or exhibitions, when the contract does not fall within the scope of the customer’s main activity, and when the customer has 5 or fewer employees.
Customers may exercise their right of withdrawal within 14 days of delivery of the goods. In principle, the customer must return the goods at his or her own expense, but the seller is obliged to reimburse all sums paid by the customer at the time of purchase, including shipping costs.
Please note that the right of withdrawal also applies to services.
The Civil Code’s obligation to comply
The Civil Code devotes an entire section to the obligation to deliver the item sold. The term “obligation de délivrance conforme” (obligation to deliver in conformity) means that the item delivered and its accessories must conform to the order and, in particular, to the characteristics agreed between the parties.
If the goods are not delivered on time, the sale may be cancelled. However, certain formalities must be observed.
This obligation applies to all sales contracts.
The consumer code’s obligation to conform
The obligation of conformity, also known as the “guarantee of conformity” in the French Consumer Code, only applies to contracts concluded between professionals and consumers.
This guarantee of conformity covers the product sold for a period of two years after delivery. During this period, the consumer can turn to the professional if the product does not conform to the usual use of a good of the same type, does not correspond to the description, has a manufacturing defect, etc.
The seller is then obliged to repair or replace the product, at the customer’s option. If it is not possible to repair or replace the product, the seller must reimburse the customer.
Hidden defects
The warranty for hidden defects applies to all sales contracts, regardless of the status of the parties.
On the other hand, it only applies if the buyer discovers a defect that already existed at the time of purchase but was not apparent at that time, and if this defect renders the good unfit for the use for which it was intended.
The time limit for claiming a latent defect is also two years, but from the date of discovery of the defect, and not from the date of delivery of the good.
In this case, the customer has the choice of returning the goods and receiving a refund, or keeping the goods and requesting a partial refund.
Between professionals, under certain conditions, it is possible to include a clause excluding the benefit of the warranty for hidden defects in the sales contract or in the General Sales Conditions.
