As a professional, it is crucial to understand the right of withdrawal, and to fill in the withdrawal form.
The right of withdrawal is a right granted to consumers, enabling them to cancel a purchase or withdraw from a service without justification.
This article will help you understand this right and differentiate between the terms cancellation, retraction and termination, which are often confused.
Legal basis for the right of withdrawal
Article L. 221-18 of the French Consumer Code is the legal basis for the right of withdrawal in France.
It establishes that consumers have 14 days to exercise their right of withdrawal from:
- On conclusion of the contract, for contracts for the provision of services ;
- From receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, for contracts for the sale of goods. In the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part.
- For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
How to respect consumers' right of withdrawal?
As a professional, knowing the ins and outs of this law is essential to meeting your legal obligations and boosting consumer confidence in your business.
Consumer information
To inform the consumer, the trader must mention the existence or absence of a right of withdrawal, its execution terms and its deadline.
This information can be found in your General Terms and Conditions of Sale, which must be posted on your website and communicated prior to purchase and when the order is validated.
The professional must communicate a withdrawal form to the consumer via his GTC(Article R. 221-1 of the French Consumer Code).
SinceMay 28, 2022, the withdrawal form must include, among other things, the supplier's e-mail address, which was not previously required.
In the absence of communication of this withdrawal form, this period is extended by 12 months from the end of the initial period(Article L. 221-20 of the French Consumer Code).
Exercise of the right of withdrawal by the consumer
Before the end of the 14-day withdrawal period, the consumer must clearly express his intention to withdraw to the company. This can be done either by using the withdrawal form defined above, or by providing an unambiguous statement indicating their wish to withdraw(Article L 221-21, paragraph 1 of the French Consumer Code).
These documents can be sent electronically via the company's website. In such a situation, the company must provide the consumer with an acknowledgement of receipt on a durable medium(Article L 221-21, paragraph 2 of the French Consumer Code).
It is important to note that the responsibility for proving the exercise of the right of withdrawal lies with the consumer(Article L 221-22 of the French Consumer Code).
Specific case ofproducts
In the case of a product, the consumer has 14 days to return the product to the professional.
Special caseof the provision of services
If the contract subjects the consumer to an obligation to pay, and if the consumer wishes the contract to be performed before the end of the 14-day withdrawal period, the trader must obtain the consumer's express request, by any means for contracts concluded at a distance(Article L. 221-25, para. 1 of the French Consumer Code).
Theconsequences of withdrawal
In the event of withdrawal, you must refund the customer in full.
These costs also include shipping and return costs.
This refund must be made within 14 days of receipt of the date of knowledge of the consumer's decision to withdraw in accordance witharticle L. 221-14 of the French Consumer Code. This period may be deferred in the case of delivery of goods until recovery of the goods or until the consumer has provided proof of shipment of the goods, whichever comes first.
The trader makes this refund using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the consumer.
Also, there are no penalties for retracting - you can't charge customers who choose to retract.
Special caseof the provision of services
The consumer who has exercised his right of withdrawal from a contract the performance of which has begun, at his express request, before the end of the withdrawal period must pay the professional an amount corresponding to the service provided up to the communication of his decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been supplied(Article L. 221-5 al. 2 of the French Consumer Code).
Retard in the repayment of sums
In the event of late reimbursement, the professional will have to reimburse the sums increased according to the number of days of delay:
- 3.13%: 10 days maximum
- by 5%: between 10 and 20 days
- by 10%: between 20 and 30 days
- by 20%: between 30 and 60 days
- 50%: between 60 and 90 days
- an additional 5 points for each further month's delay (up to a maximum of double the product price).
Exception to the right of withdrawal
However, there are exceptions to this rule: for example, certain unpacked products are no longer eligible for withdrawal.
In accordance with article L. 221-28 of the French Consumer Code, these include contracts:
1° The supply of services fully performed before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, the performance of which has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the trader;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods liable to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction ;
12° Accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time;
13° The supply of digital content without a physical medium, the performance of which has begun before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, where :
- a) He has given his prior express consent for performance of the contract to begin before the expiration of the withdrawal period; and
- b) He has acknowledged that he will lose his right of withdrawal; and
- c) The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of article L. 221-13.
Sanctionfor non-compliance
Professionals are liable to an administrative fine of :
75,000 euros in the event of a breach of their obligation to provide information, or in connection with the terms and conditions for exercising the right of withdrawal.
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If you need help revising your Terms and Conditions, adjusting your internal processes or simply need advice on the right of withdrawal, please don't hesitate to contact me.
I'm here to help you navigate these complex legal waters.
Take the first step towards compliance and peace of mind by contacting me today.
