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Support in making your business practices compliant, so that you can set up compliant processes for your consumer customers.
Consumer law is a crucial area of law which aims to protect the interests of consumers in their interactions with businesses.
It covers a wide range of subjects, such as unfair commercial practices, pre-contractual information, unfair terms and the right of withdrawal, and applies to both distance sales (particularly e-commerce) and in-store transactions, hence the importance of being accompanied by a consumer law lawyer.
This discipline ensures fairness and transparency in relations between consumers and professionals, and is consistent with competition law, which takes a market-based approach to avoid abuses.
The first essential step is the provision of pre-contractual information. Here, I analyze your sales practices and contractual commitments to ensure that they comply with consumer law standards.
This includes examining product information, pricing policies, general terms and conditions of sale, and in particular withdrawal procedures.
I then draft or revise your consumer documents, such as general terms and conditions (GTCs) or privacy policies.
The aim is to ensure that these documents not only comply with the law, but are also clear and comprehensible to consumers.
In this phase, I help you to evaluate and structure your commercial practices, including promotions, discounts, special offers and marketing practices, to avoid any non-compliance or qualification as unfair commercial practices, for example.
In the event of disputes relating to consumer rights, I represent you as a consumer lawyer and defend your interests before the courts, the authorities or in mediation.
This includes handling claims for misleading advertising, product non-conformity, or violation of withdrawal rights.
I also offer training and awareness-raising sessions for your teams, so that they better understand aspects of consumer law and can apply this knowledge in their day-to-day interactions with consumers.
Finally, I offer you ongoing legal monitoring to keep you abreast of legislative and case law developments in consumer law. I ensure that your practices remain compliant and adapt your documents and procedures accordingly.
Consumer law sanctions are diverse and can have significant consequences for companies:
These sanctions illustrate the crucial importance for companies of complying strictly with current consumer law regulations to avoid heavy financial and legal consequences, and therefore of being accompanied by a consumer law lawyer.
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In a world where online sales are becoming increasingly widespread, the
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To comply with the right of withdrawal, you must clearly inform your customers of their 14-day right of withdrawal.
Provide them with a standard retraction form, and make sure your returns process complies with regulations.
It's also crucial to process retraction requests promptly and to refund customers on time.
Before making a purchase, you must provide consumers with clear and accurate information about the product or service, including total price, essential features, delivery costs, payment terms, and warranty conditions.
In addition to this information, there is a great deal of information to be passed on, notably on the right of withdrawal, legal guarantees, the possibility of recourse to a mediator...
This information must be easily accessible and understandable.
If your company uses contractual clauses deemed to be unfair, it risks substantial penalties, including fines of up to 75,000 euros for legal entities.
These clauses may also be declared null and void, which could lead to disputes and claims for damages from consumers.
To avoid deceptive business practices, make sure that all your advertising and marketing communications are honest, transparent and do not mislead consumers about the nature, quality or price of your products/services.
Provide complete and accurate information and avoid exaggerated or false claims.
As this analysis is complex, it is advisable to be accompanied by a consumer law lawyer.
As a seller, you are obliged to provide a legal guarantee of conformity for all products sold.
This means that the products must correspond to the description given and be free from defects for at least two years after sale, subject to exceptions.
In the event of non-conformity, you must offer the consumer repair or replacement of the product, or a refund if these options are not available.