Thus, during sales via the Internet, by telephone or by correspondence, it is possible for the buyer to change his mind when he receives his purchase or when it comes to services when the contract is concluded.
For sales via the Internet, you must be particularly vigilant: sometimes, a simple click has the value of a signature. The Hamon law also specifies that door-to-door selling includes all purchases made in unusual places, namely the individual’s home or place of work.
HOW TO RETRACT AFTER A CAR PURCHASE?
When purchasing a vehicle, the individual has 14 days to withdraw after signing the order form. However, this period is only applicable under certain conditions. First of all, the contract must have been drawn up with a professional in the sector.
Also, a second-hand purchase between individuals does not allow you to go back. During a transaction between individuals, it is, therefore, necessary to reach an amicable agreement in the event of withdrawal. In addition to this aspect, one of the following conditions must be met:
- if the car was purchased on credit, the reflection period is systematically 14 days if this is specified in the contract. The buyer must, therefore, verify the order form or, if necessary, add by himself that the vehicle was purchased on credit;
- the purchase of a vehicle remotely, ie by telephone or via the internet, also allows you to benefit from 14 days to withdraw. However, if the buyer went to the agent’s premises to sign the contract, then the period is not valid;
- last case: the purchase of a vehicle after canvassing. It allows individuals to reverse their purchase. Today, sending a mailing is considered door-to-door. Once the buyer has made the decision to withdraw, he must withdraw from the contract and send the completed and signed withdrawal form by registered mail with acknowledgment of receipt.
HOW TO RETRACT AFTER AN INTERNET PURCHASE?
Today, many French people make their purchases on the Internet: the e-commerce market weighed 64.9 billion dollars in France in 2015! In addition to accessibility at all times (an online store is open 24/7), e-commerce sites are increasing the number of promotional offers to compete with physical commerce.
Buyers can also order without stress as long as they have a right of withdrawal of seven days. The sites are obliged to post the terms of withdrawal. Normally, buyers can return the goods up to seven days after receipt, without justification. The seller must then reimburse him the full amount he spent. This right does not apply for the following products:
- magazines and newspapers sent to your home;
- financial services ;
- objects sold sealed when they were opened (software, DVD, etc.);
- services that take place on a specific date fixed on the seller’s ticket.
If the merchant refuses to reimburse the buyer who has exercised his right of withdrawal, the latter may enter a consumer association and file a complaint with the Directorate-General for Competition, Consumption, and Fraud Prevention (DGCCRF). He can also apply to the public prosecutor by becoming a civil party, in order to obtain damages in addition to the sum to be reimbursed by the seller.
CAN WE RETRACT AFTER A PURCHASE IN STORE?
In principle, the purchase in-store does not give the right of withdrawal. However, in certain cases, the buyer can assert this right:
- if the product has a lack of conformity. In this case, the individual can request a refund by contacting the after-sales service and by sending a registered letter. Indeed, a product sold must operate according to the terms and conditions provided by the guarantees from the first use;
- if he is dissatisfied. The seller can then offer to exchange the product or reimburse it. However, this practice is not regulated by law and therefore depends on each business.
The withdrawal periods vary, as do the return conditions. If the brand does not offer any of this, the individual can request a commercial gesture from his seller who, as far as possible, has an interest in accepting it for the reputation of his store. However, it is not obliged to grant it.