Buying Goods & Services in France

(source: European Union)

1. The protection provided by Community law

As a consumer, you have certainly been subjected to doorstep selling; for example, where a salesperson calls on you without invitation. The European Union has introduced legislation aimed at protecting you against the risks which may arise from this commercial practice, as you may be unprepared and are often not in a position under such circumstances to compare the quality and price offered with that of other goods.

This legislation basically covers contracts drawn up between a supplier of goods (or services) and a consumer:

• during excursions organised by traders away from their business premises, or;
• during visits by traders on their own initiative to a consumer's home or place of work.

The trader is accordingly obliged, under such circumstances, to inform you in writing of your right of cancellation within a certain period. This document, which must be dated, must also clearly state the name and address of the person against whom that right may be exercised, and give particulars enabling the contract to be identified.

In order to cancel the contract, you must send your letter of cancellation within a period which, in any Member State, may not be less than seven days from receipt by the consumer of written notice of this right.

It should be borne in mind, however, that this protection does not apply to the purchase of foodstuffs, beverages or other goods intended for everyday consumption in the household supplied by regular roundsmen. Nor does it apply to contracts for the construction or sale of immovable property or for securities, which are subject to other national or Community regulations as appropriate.

In addition, specific rules apply to contracts concluded on the basis of a catalogue which the consumer has had an opportunity to read in the absence of the trader's representative. These rules are intended to offer similar or identical protection, as appropriate, to that available in the context of doorstep selling.

The protection provided by Community law with regard to doorstep selling must be provided under the legislation of each Member State of the Union. You will therefore find in the following section the main points of French legislation which people who have been subject to doorstep selling should know in order to be able to respond effectively and assert their rights in the situations covered by French law. 

The information in Section II was provided by the French authorities.

II. Useful information on the specific provisions of French legislation

Under French law consumers making doorstep purchases have a cooling-off period of 7 days within which they are entitled to cancel their order and during which no payment may be demanded. The sales contract must be in writing and satisfy certain conditions.

The legal protection covers sales in particular places: - at an individual's home, place of residence or place of work; - at places other than regular business premises (such as sales parties, sales organised as part of excursions, etc.). Sales in shops to consumers who have been invited there by phone to collect a free gift are also covered by the legislation on door-to- door selling in accordance with Article L.121 21 (Cass. Crim. 10 January 1996). The legal protection applies even where the consumer asked or agreed in advance to be called on or where the trader's visit was preceded by some sort of negotiation during which the consumer did not enter into any contractual obligation. The law does not cover:

• food and household products sold from mobile shops doing rounds;
• sales to professionals where the contract offered is directly related to their line of business. 

Legal protection provisions 

Door-to-door traders must provide the customer with a written contract. All the copies of the contract must be dated and signed by the customer. The following information must appear on the contract:

• the name and address of the supplier,
• the name of the salesperson,
• the address of the place where the contract was concluded,
• the type and specifications of the goods or service purchased,
• the delivery terms and date of delivery,
• the price and the payment terms.

The contract must also have a detachable form, which the customer can use to cancel the contract (Articles R-121, 3 to 6 of the Consumer Code specify what this form must contain and its layout). The customer has a cooling-off period of 7 days within which to cancel the order without having to give any reason. The cancellation form must be sent by registered mail with advice of delivery. The cooling-off period runs from the day after the contract was signed and, if it expires on a Saturday, Sunday or public holiday, is extended until the next working day. During the seven-day cooling-off period the customer may not be required to make any payment or financial commitment (such as signing a bank transfer authorisation, for example). In the case of services, the work may not be carried out or even started until the 7 days are up. In the case of goods, the trader is free to make delivery before the 7 days are up, but may not require the payment of a guarantee or claim that the goods were left on deposit (Cass. 25 November 1992). 

Going to court and out-of-court settlements

Consumers can take complaints about unfair door-to-door selling to the local trading standards office (Direction Départementale de la Concurrence, de la Consommation et de la Répression des Fraudes). Their staff have the power to investigate cases and establish whether or not there has been any breach of the Consumer Code. Where the dispute does not have any criminal implications, consumer associations can provide assistance on getting an out-of-court settlement or how to initiate civil proceedings. Where there has been a clear infringement of the regulations, authorised consumer associations can also sue for damages in criminal proceedings.

III. Reference texts

Community text: 

Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (published in Official Journal of the European Communities L 372, 31.12.85, p. 31)

National texts: 

Articles L.121-21 and R.121, 3 to 6 of the Consumer Code (Code de la consommation)

IV. Contact points

• The trading standards office of the relevant département, known as the Direction de la Concurrence, de la Consommation et de la Répression des Fraudes. The address can be found in the telephone book or on Minitel. They are responsible for acting on complaints, providing information and guidance, and general policy. 
• Consumer associations in the relevant département. The address can be found on Minitel at 3614 CONSOM. They can provide information and guidance and help with out-of-court settlements.

Note: This Citizens First Factsheet is intended to provide guidance on EU law for information purposes only. It has been prepared by the European Commission with the help of national authorities and contains information on the national implementation of EU law. You are advised that the texts of Community legal instruments should be relied upon in case of doubt concerning the extent of a right or obligation arising from EU law.