Remote purchasing: delivery of the goods or performance of the service

Verified 06 June 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You have just made a purchase from a professional seller and you want to know the rules regarding the delivery date of the goods or services?

Would you like to know how to act if your order is not delivered correctly or not delivered correctly?

We present you with the information you need to know.

The distance purchases concerned are those made on the Internet, by mail order, telephone (door-to-door selling) or teleshopping.

As part of your remote purchases, the professional seller must tell you the terms and date of delivery. The seller must do so in a manner that legible and understandable.

Thus, he has an obligation to deliver the goods or services to you on the date or within the time indicated.

This information must be provided to you before and during the conclusion of the contract.

In the case of a supply of services which is not immediate, the trader must also provide specific information on his activity before the contract is signed. In particular:

  • Status and legal form of the company
  • Contact information for quick contact and direct communication

You must have the possibility to ensure that your order is properly delivered.

If the trader has not given you a date or deadline, or if there is no agreement with you, the seller must deliver the goods or provide the service to you at the latest 30 days after your order.

Once this deadline has passed, you can engage his responsibility.

FYI  

in this case, if the trader is a natural person, he may be required to pay a fine not exceeding €3,000. If the professional is a legal person, the fine may be €15,000.

The professional seller must comply with the delivery method specified in the contract. For example: home delivery, point-of-care delivery.

When the business seller offers a telephone support number, they are charged at the price of a local call. However, it is not required to offer a telephone support number.

The means of communication available to you to follow the execution of your order cannot be surcharged.

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Delivery is made by the carrier proposed by the seller

The seller is alone responsible for the correct execution of the order.

The seller must ensure that you own the product. If the seller does not have proof of this, and you dispute that you have received the ordered product, he or she will bear the risk of losing the product. This responsibility is automatic. So you don't have to prove fault.

The seller is not liable if he proves that the non-performance or the poor performance of the contract is due to one of the following situations:

  • Your action (i.e. by you). Example: you drop the package when it is delivered
  • Made by a third party (i.e. a person outside the contract)
  • Force majeure (natural disaster, health crisis,...). However, a strike by La Poste services is not a case of force majeure because other companies can transport parcels.

Delivery is made by the carrier you have chosen

The carrier is supposed to be liable.

In case of damage, you must use the carrier by registered letter in the 3 days (excluding public holidays).

The deadline is extended to 10 days (excluding public holidays) if the carrier has not given you the opportunity to check the condition of the package.

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Non-compliant or defective product

You can refuse the product upon delivery and, at no additional cost, choose one of the following options:

  • Require a new delivery in accordance with your order by indicating to the seller its obligation to issue in conformity by registered letter with acknowledgement of receipt,
  • Or implement the legal guarantee of conformity. It allows you to request repair or replacement of the product. In case of impossibility, you can request the cancelation of the order with the refund of the amounts paid or the reduction of the price of the property by keeping the product.

You may also, under certain conditions, implement the following warranties:

Product damaged during transport

You can refuse delivery and ask the seller to deliver you a good in perfect condition by sending him a registered letter with notice of receipt.

If you accept the delivery, you can still note your comments on the delivery note or on the invoice. You should promptly contact the seller's customer service.

Clauses in contracts which limit or eliminate the seller's liability for the delivery of goods in conformity to the consumer shall be considered invalid.

Example :

a clause requiring the immediate verification of the goods by the consumer is considered unfair and therefore invalid.

FYI  

for damage or partial loss related to the transport, the seller can provide in its general conditions that the consumer can also contact the carrier directly.

If you have chosen a carrier other than the one offered by the seller, you must take action against the carrier by registered letter in the 3 days (excluding public holidays). The deadline is extended to 10 days if you have not been given the opportunity to check the condition of the package.

Product not delivered

In the absence of delivery on the scheduled date, or in the absence of a date, more than 30 days after your order, you can require the seller to deliver you within a reasonable additional time. You can do it:

  • by registered letter with request for notification of receipt, or
  • or in writing on another durable support (e.g. mail).

If, despite everything, delivery or execution does not take place, you can cancel your order in the same way (registered letter with request of receipt or in writing on a durable medium).

However, you can cancel your order directly in one of the following cases:

  • Refusal of the seller to deliver or provide the service,
  • If the date indicated is an essential condition of the contract. For example, the purchase is linked to a specific and one-off event such as a wedding or the date was expressly requested at the time of conclusion of the contract by the consumer.

If the contract is canceled, the seller must repay all the money you paid him. It must do so no later than 14 days which follow the cancelation of the contract.

The sums you have paid are automatically increased in case of delay in repayment.

Tableau - Surcharges payable by the trader in the event of delay in reimbursement

Delay Time

Surcharge payable by the trader

If the refund occurs within 30 days after the cancelation of the contract

10%

If the refund occurs between 31 and 60 days after the cancelation of the contract

20%

If the refund occurs after 61 days after the cancelation of the contract

50%

If you have not received the ordered product while the seller claims to have delivered it, you must send the parcel to you. This formal notice must be given by registered letter with acknowledgement of receipt.

A sample letter is available:

Request a new delivery in case of unreceived parcels

Who can help me?

Find who can answer your questions in your region

  • 0809 540 550 DGCCRF - ResponseConso

    Having trouble following a purchase? Do you have a question about a point of law before buying or ordering?

    You can get an answer from a DGCCRF: titleContent by calling the 0809 540 550.

    Opening hours of the service:

    No surtax number

    • Monday and Tuesday: from 8:30 am to 12:30 pm and from 1:15 pm to 5:15 pm
    • Wednesday: 13:15 to 17:15
    • Thursday: from 8:30 to 12:30
    • Friday: from 8:30 am to 4 pm