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2023 balances
Balances: what are consumers' rights?
Publié le 29 juin 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You want to return an item purchased on sale because it is not the right size and you do not know if it is possible? Did you notice that he had a hidden defect? Sales are not always good deals, but consumers have rights. Advice from the National Institute of Consumer Affairs (INC) and the Department of Finance with Service-public.fr.
Obligations to display prices during sales
Merchants can only sell items that have been paid and offered for sale for at least one month from the beginning of the sales period.
In the store or on the website, the distinction between sold and unsold items must clearly appear (special section on the site, specific color label in the store...).
For each product sold, the price before sales and the new reduced price must be clearly shown. The previous price shown must be the lowest price charged by the seller in the last 30 days prior to the discount. In the case of successive price reductions, the previous price displayed shall be that applied before the first reduction was applied. This measure applies to all price reduction advertisements, whether they are made online or in stores.
It is forbidden to increase the price of a product before the sales period in order to make the consumer believe that he is benefiting from a larger promotional offer than it really is. It is also forbidden not to apply the price reductions that are displayed in the window.
FYI
outside the statutory sales periods, merchants may organize commercial operations such as promotions or price discounts but they cannot use the word “sales” outside the dedicated period and they cannot sell their products at a loss.
Returns and Warranties in Store
A closed item shall enjoy the same guarantees as any other open item with regard to apparent manufacturing defects or after-sales service.
In case of hidden defect identified, you can ask the seller to repair, replace or refund the purchased product.
If you made your purchase in-store and there is no hidden defect, the seller is not legally obliged to refund or exchange a sold item (even if you did not have the opportunity to try it out when it is a garment), unless he has committed to it in his commercial guarantee, its advertisements in store or on the receipt. However, he can offer you an exchange or a refund on a commercial or exceptional basis: remember to check this point before you go through the checkout.
Internet sales
Online sales companies on the Internet are subject to the same sales regulations as physical shops. Internet sales dates are the same as national sales dates, regardless of where the company has its headquarters.
If you have made your purchase on the Internet, whether it is sold or not, you have the right of withdrawal. You can return the product, for exchange or refund, without any penalty, within 14 days from delivery. A withdrawal form is provided with your order or available on the seller's website.
You must pay the return costs unless the merchant is paying them on a commercial basis or has failed to inform you that these costs were borne by you.
FYI
there are, however, exceptions to the right of withdrawal, for example, for goods which are liable to deteriorate or expire rapidly, items which are unsealed after delivery or which cannot be returned for reasons of hygiene or health protection.
The words ‘Neither taken back nor exchanged during sales’ are abusive
Limitations on guarantees on balances are illegal. A sold item is subject to the same warranties of non-apparent manufacturing defects, conformity defects or after-sales service as any other item. The seller must apply the legal guarantees of conformity and that of hidden defects, whether you made your purchase on the internet or in store. The words ‘During sales, neither taken over nor exchanged’ are therefore abusive.
If you have purchased an item that does not work or breaks down, you can request, depending on the situation, repair, exchange, price reduction or refund.
Please note
an apparent defect, such as a scratch on the screen, will not be covered by these guarantees.
What recourse if there are problems?
If your rights have not been respected, you can contact a consumer association or contact the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) of the department in which the registered office of the trader is situated. You can also report to the DGCCRF via the platform SignalConso.fr.
Additional topics
Service-Public.fr
Service-Public.fr
Ministry of Economy
Ministry of Economy
Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)
Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)
National Institute of Consumer Affairs (INC)
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