Internet Sales: Enhanced Consumer Protection

In the case of distance selling, on the Internet or outside a store, the prior information that a consumer must receive from the seller is reinforced, according to a decree dated March 25, 2022.

The list includes 15 obligations to be met, instead of six previously. Among the most important are:

• the identification of the seller: name or trade name, address of the establishment, telephone number, email address, address and identity of the trader on whose behalf he is acting;
• the means ensure that the consumer is able to keep his written exchanges with the trader on a durable medium, including the date and time of such exchanges;
• the arrangements for payment, delivery and performance provided for in the contract;
• the procedures for handling complaints;
• the legal guarantee of conformity, the guarantee of hidden defects and any other applicable legal guarantees;
• commercial guarantee and after-sales service;
• the conditions for termination, for contracts of indefinite duration or tacit renewal, and the duration thereof;
• for digital content and services, the functionality of the goods concerned, their compatibility and interoperability, and the applicable technical protection measures;
• the contact details of the mediator(s) to whom the consumer may contact;
• the cost of distance communication for the conclusion of the contract where this cost differs from the basic tariff;
• any codes of conduct applicable to the contract and the means of obtaining a copy thereof;
• the minimum duration of the consumer's contractual obligations;
• any security and other financial guarantees due by the consumer.

On the other hand, the withdrawal form, which must be provided and the model of which is strictly defined, must include the supplier's e-mail address, which was not previously necessary.

This decree is the final element of application of Ordinance No. 2021-1734 of 22 December 2021, transposing into French law the European Directive of 27 November 2019, on the modernization of consumer protection.

Its provisions will come into force on May 28, 2022. They aim to strengthen consumer protection, particularly in cross-border transactions, which are becoming increasingly common in Internet sales, by improving the prior information to be communicated to the purchaser and increasing penalties in the event of infringements.

The guarantees must be clearly specified, as must the previous prices in the discount announcements. Unfair terms, false consumer opinions are more severely punished, as misleading commercial practices.