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infoTheoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
  • [to be determined] € Finecourt hammer
    infoFailure to comply with pre-contractual information obligations

    Provisions applicable to online sellers (e-commerce)


    Scope of application

    Any natural or legal person selling goods or services online, through a website or platform.

    Description

    The online seller must ensure that a number of provisions are in place as a result of the internet user's remote purchase.
    • Presentation of the price: clear and unambiguous display of the price with an indication of delivery costs and taxes, if included;
    • Presentation of authorised payment methods (cash, cheque on delivery, bank transfer, bank card or electronic wallet) and if there is online payment, to be able to display :
      • a summary of the order with the total and detailed price;
      • a button/link to modify the basket or the order;
      • a clearly identified button (e.g. "Pay" or "Order") to confirm the order.
    • Mention of delivery costs and date: if no delivery deadline is mentioned, then the product or service must be delivered without delay;
    • Mention of the right of withdrawal of 14 days from delivery, or its absence if it does not apply to the transaction. If the right of withdrawal applies to the sale and the consumer exercises it, the seller must reimburse the consumer for the order (including all shipping costs) within a maximum of 30 days (>> for more details see the sheet "Information on the existence of the right of withdrawal");
    • Access to after-sales service or technical assistance must be available via one or more toll-free numbers, regardless of the origin of the call, and the waiting time must be free. The number used by the consumer to track his or her order must not be surcharged;
    • For "freemium" services with a free trial period, an express/explicit agreement from the Internet user must be obtained before he/she is charged for a service previously offered;
    • All electronic contracts with a value of more than 120 euros must be kept for 10 years;
    • Informing the user/subscriber of any software updates to the site or platform and their possible impact on its performance and functionality.

    Authority

    (FR) Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF)

    Responsible(s)

    On-line seller

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