What is the right of withdrawal?
The right of withdrawal is a right granted by law to individual consumers. It enables them to cancel a purchase and request a refund, without having to give any reason.
The right of withdrawal applies in the following cases:
- When the purchase has been made remotely (by telephone, internet, etc.)
- When the purchase was made at a door-to-door sale
- When the purchase was made at a fair or exhibition
Consumers generally have 14 days to exercise their right of withdrawal, from the date of receipt of the order.
It is important to note that the right of withdrawal does not apply to all types of goods or services. For example, it does not apply to personalized goods or services that have already been fully completed.
Who benefits from the right of withdrawal?
The right of withdrawal is granted to consumers, i.e. natural persons who act for purposes that are not part of their professional activity.
It is important to note that the right of withdrawal does not apply to legal entities or professionals purchasing goods or services in the course of their business. The latter must refer to the general conditions of sale, which are specific to each contract.
Does the company have to reimburse shipping costs?
A distinction must be made between two types of shipping costs: shipping costs and return shipping costs.
The cost of sending the product from the professional to the consumer: these costs must be reimbursed to the consumer. This is clearly stipulated in article L221-24 of the French Consumer Code, which states that “when the right of withdrawal is exercised, the professional shall reimburse the consumer for all sums paid, including delivery costs”.
The cost of returning the product from the consumer to the professional: the consumer bears the cost of returning the product under two conditions:
- The professional must have informed the consumer that this cost will be borne by him. It is therefore important that this be stated in the General Terms and Conditions of Sale.
- The product must be able to be returned normally by post. For products that cannot be returned due to their nature, the seller will collect the goods at its own expense.
What impact does this have on the General Terms and Conditions of Sale?
The French Consumer Code requires that the General Terms and Conditions of Sale of a company targeting consumers detail the scope and conditions for implementing the right of withdrawal, and present a specific withdrawal form.
In addition, to avoid having to bear the cost of returning the product, it is advisable to inform the consumer that these costs will be borne by him or her.
Generally speaking, if your business is aimed at individuals, you are required to include a certain number of compulsory clauses in your General Terms and Conditions of Sale. We can help you navigate your obligations and draw up a document that clearly sets out your rights and obligations.
