Economique
Sell to consumers in compliance: pre-contractual information, right of withdrawal, statutory warranties, unfair terms and commercial practices.
Context
Consumer law strictly governs the relationship between businesses and consumers. Pre-contractual information, right of withdrawal, statutory warranties, regulation of unfair terms, prohibition of misleading or aggressive commercial practices: these rules of public policy are designed to protect the consumer, regarded as the weaker party.
For any business that sells to individuals, online or in store, compliance with this framework determines the security of its operations. A breach exposes the business to penalties from the DGCCRF, to disputes and to reputational harm. Mastering these obligations means securing both your customer relationship and your compliance.
Problem
Consumer law is dense, technical and constantly evolving. Many businesses believe they are compliant while their documents and practices in fact conceal breaches: incomplete pre-contractual information, poorly managed right of withdrawal, statutory warranties not mentioned, unfair terms in the GTC, sales arguments verging on misleading practice.
These shortcomings become a problem as soon as a customer dispute arises or a DGCCRF inspection takes place. Penalties can be heavy, and the reputational harm considerable, especially in the age of online reviews and class actions. Yet most of these risks can be avoided through upstream compliance.
Solutions
I assist you in mastering consumer law and securing your relationship with individuals.
I begin by auditing your sales journeys, your documents and your practices in order to identify breaches: pre-contractual information, withdrawal, warranties, unfair terms, commercial communication. I then draft or overhaul your documents to bring them into line with the heightened requirements of consumer law.
I secure your commercial practices and support you over the long term: handling consumer disputes, responding to DGCCRF inspections, regulatory monitoring. My aim is to turn your compliance into an asset of trust, while protecting you from penalties and disputes.
I audit your sales journeys, your documents and your practices in light of consumer law: pre-contractual information, GTC, withdrawal, warranties, commercial communication. This assessment precisely identifies your breaches and your risks.
I draft or overhaul your documents intended for consumers: GTC, pre-contractual information statements, withdrawal form, reminder of the statutory warranties. Each document complies with the heightened requirements of consumer law and is tailored to your business.
I secure your practices: sales journeys, management of withdrawal and warranties, commercial communication and promotions. I eliminate unfair terms and the risks of misleading practice, for a compliant and serene customer relationship.
I support you over the long term: handling consumer disputes, responding to DGCCRF inspections, monitoring regulatory developments, training teams. Your compliance stays up to date as your business grows.
FAQ
The professional must in particular provide clear pre-contractual information (characteristics, price, deadlines), respect the right of withdrawal for distance sales, provide the statutory warranties (conformity and latent defects), refrain from unfair terms and from misleading or aggressive commercial practices. These obligations are matters of public policy: they cannot be departed from to the detriment of the consumer.
For distance and off-premises sales, the consumer has a statutory period within which to withdraw without having to give reasons. The professional must clearly inform the consumer of this right and provide a standard form. Defective information considerably extends the withdrawal period. Certain goods and services are subject to statutory exceptions that must be known and applied correctly.
Two statutory warranties are binding on any professional seller: the statutory warranty of conformity and the warranty against latent defects. They are matters of public policy and apply independently of any commercial warranty. The professional must inform the consumer of them. These warranties cannot be excluded by general terms and conditions, and their proper interaction with the returns policy must be carefully handled.
An unfair term is a term that creates a significant imbalance between the rights and obligations of the parties to the detriment of the consumer. Some terms are presumed or deemed unfair by law. An unfair term is deemed not written: it does not apply, even if the consumer has accepted it. General terms and conditions intended for consumers must be carefully reviewed in this light.
A commercial practice is misleading when it relies on false information or information likely to mislead the consumer, or when it omits material information. Aggressive practices, based on harassment or coercion, are also prohibited. These practices are severely penalised. Commercial communication, promotions and sales arguments must be checked in order to avoid this risk.
Breaches of consumer law expose the business to administrative penalties from the DGCCRF, to criminal penalties for certain practices, to individual disputes with consumers and to class actions. To this is added the reputational risk. The DGCCRF regularly carries out targeted inspections. A compliance audit makes it possible to identify and correct breaches before they turn into penalties.
Yes. General terms and conditions intended for consumers are subject to stricter rules than those between professionals: enhanced information, prohibition of unfair terms, mandatory statements, reminder of the statutory warranties and of the right of withdrawal. GTC designed for B2B are not suitable for a customer base of individuals. They must be specifically adapted to sales to consumers.
The process begins with an audit of your sales journeys, documents and practices: pre-contractual information, GTC, management of withdrawal and warranties, commercial communication. Next comes the correction of breaches: drafting compliant documents, adjusting processes, training teams. Ongoing support makes it possible to durably secure your relationship with consumers and to prevent disputes.
Nous accompagnons les entreprises de la tech et du commerce avec une double compétence juridique et technique, de l'analyse à la mise en œuvre.
Ressources
Need to secure a contract, manage compliance, or anticipate a dispute? Our first meeting is designed to understand your needs and clearly explain how we can help.
Digital and Distribution Law Attorney, Paris Bar. We secure your contracts, data, and business.
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