Distance selling: right of withdrawal of the consumer

If you purchase a good or service remotely (by internet, telephone or mail), you have the right to change your mind about your purchase for a minimum period of 14 calendar days. It's called the right of withdrawal.

The seller owes you inform about the existence or absence of this right before you place your order. This information may be included in a standard notice or in the general terms and conditions of sale, but it must be clear, understandable and accessible before your engagement.

The right of withdrawal does not apply the following purchases:

• Goods or services whose price depends on fluctuations in financial market rates, likely to occur during the withdrawal period (example: purchase of gold)
• Goods made at your request or clearly personalized whose manufacture requires special adaptations to meet very precise technical and aesthetic requirements (for example, custom-made furniture or clothing). The choice of options (color, finish...) in the ranges of standard elements proposed by the professional does not sufficiently modify the nature or destination of the goods, to make them clearly personal.
• Goods that deteriorate or perish rapidly, except food products with a minimum durability date (MDD)
• Goods that you have opened and are not returnable for reasons of hygiene or health protection (for example, covered cosmetics, underwear sold in closed bags)
• Goods inseparable from other items (e.g. remote control for a TV)
• Digital content provided on an intangible medium and contract for subscription to these services, the performance of which began with your agreement and for which you have waived your right of withdrawal (for example, a downloaded film)
• Services fully executed before the end of the withdrawal period and the execution of which began with your agreement or your express request. A service may be considered to be performed if you have made a reservation (for example, parking space), but you have not taken advantage of the service and without cancelation. For example, if you booked a parking space for September 20 but did not use it, you will not be able to use your right of withdrawal on September 21.
• Supply of alcoholic beverages whose delivery is delayed beyond 30 days and whose value depends on financial market rates (e.g. grand crus reserved before harvest)
• CDs, DVDs, or computer software that you have opened
• Supply of newspapers, periodicals or magazines, except in the case of a subscription contract
• Urgent maintenance or repair work carried out at your home and at your request, within the limits of spare parts and work necessary for strict repair. Thus, the replacement or installation of equipment that is unrelated to the breakdown or that goes beyond the repair is subject to the exercise of the right of withdrawal. For example, you settle an armored door when you request assistance with a door opening
• Concluded in a public auction. In the absence tendering procedurebrokerage transactions by electronic means (intervention of a third party in the description of the property and the conclusion of the sale) are subject to the right of withdrawal.
• Accommodation service (hotel, campsite...), transport of goods, car rental, catering or leisure activities provided on a date or at a specified periodicity (show ticket...). The sale of vouchers or gift vouchers for welfare services with a validity period of 1 year does not fall within the exception to the right of withdrawal.

The right of withdrawal does not apply to the following contracts:

• Financial services, i.e. banking, credit, insurance, investment, and retirement services
• Contracts for services that are provided on a specific date or for a specific period, such as a hotel reservation, a train ticket or an event (concert, show)
• Transportation of people such as train, plane, bus tickets
• Sales through vending machines or automated business premises
• Telecommunications for a single call (for example, when you use a phone booth for a one-time call)
• Purchases at public auctions
• Contracts for the provision of public services, i.e. contracts for water, gas, electricity or heating and cooling services, provided that the service is not provided on a physical medium.

You have a period of 14 days minimum to change your mind about your remote purchase. The same time limit applies for telephone canvassing.

The 14-day period is the minimum legal period.

The trader can offer a longer period to his customers.

The right of withdrawal also applies if the product is sold, used or destocked.

Depending on the purchase, you can exercise your right of withdrawal from a different time.

Before the expiry of the withdrawal period, you must send the seller one of the following documents:

• Standard withdrawal form provided with the contract
• Other writing expressing your willingness to withdraw

You can use a template document to write your mail.

Withdraw following the remote purchase of a property

Simply returning the goods without a declaration or refusing to take delivery is not enough to express your desire to withdraw.

You do not have to justify or justify your decision.

The trader may not require any special conditions (e.g. to send a registered letter with acknowledgement of receipt).

However, if this is necessary, you must be able to provide evidence to prove the use of your right of withdrawal.

Any clause by which the consumer waives his right of withdrawal is void.

The seller may also allow you to complete and submit the form or declaration on its website. In this case, the professional will issue you an acknowledgement of receipt of your withdrawal.

In the event of a dispute, you will have to prove that you have complied with the withdrawal period.

When you exercise your right of withdrawal within the legal period, several consequences result in the termination of the contract and the reimbursement of the sums paid.

The main contract and contracts ancillary to the main contract for the sale or supply of services (e.g. insurance contract, credit contract) shall be terminated.

You must return the product.

The seller must reimburse you for all the sums you have paid, including delivery costs.

You must return the goods to the seller within 14 days at the latest calendars following the sending of your withdrawal.

You must pay the following amounts:

• Direct costs of return unless the seller pays for them or has not informed you that you have to pay these costs
• Additional costs of delivery of goods if you have chosen a more expensive delivery method than the delivery method offered by the seller. For example, if you choose express delivery in 24 hours when the seller offered a cheaper delivery method, you pay the difference in cost between these 2 types of delivery.
• Fixed and proportional costs of the provision of the service whose performance began before the end of the withdrawal period at your express request.

In the event of an express request to perform the service before the end of the withdrawal period, you do not pay anything if the professional has not collected your request on paper or on durable support. This is also the case if the professional has not informed you of the obligation to pay a fee for the service provided until the withdrawal.

In case of return of part of the order, the seller must refund the delivery costs proportional to the number of items returned, except in case of flat-rate delivery costs.