DISTANCE SELLING: RIGHT OF WITHDRAWAL OF THE CONSUMER :
Verified on January 01, 2021 - Direction de l'information légale et administrative (Prime Minister), Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF)
You have 14 days to change your mind. This is the right of retraction. This period concerns cases of purchase by internet, by phone or by post (sale through printed catalogs received by La Poste) or by fax. If you exercise this right, the seller must reimburse you for the goods or services ordered. However, certain purchases are not affected.
WHAT IS IT ABOUT :
If you purchase a good or service at a distance, you have the right to change your mind about your purchase. This is the right of withdrawal.
The seller must inform you of the existence or absence of this right before concluding your order. He can use a standard information notice.
However, the right of withdrawal does not apply to the following purchases :
Goods or services whose price depends on fluctuations in financial market rates that may occur during the withdrawal period (example: purchase of gold)
Goods made to your request or clearly personalized, whose manufacture requires special adaptations to meet very precise technical and aesthetic requirements (for example, furniture or custom-made clothing). The choice of options (color, finish...) in the range of standard elements proposed by the professional does not sufficiently modify the nature or the destination of the goods to make them clearly personal.
Goods that deteriorate or perish quickly, except food products with a minimum durability date (MDD)
Goods that you have opened and cannot be returned for reasons of hygiene or health protection (for example, sealed cosmetics, underwear sold in closed bags)
Assets that are inseparable from other items (for example, remote control for a television set)
Digital content provided on an intangible medium and a subscription contract for these services whose performance has begun with your agreement and for which you have waived your right of withdrawal (for example, a downloaded film)
Services fully executed before the end of the withdrawal period and whose execution has started with your agreement or your express request. A service can be considered as executed if you have made a reservation (e.g. parking space) but have not taken advantage of the service and this without cancellation. For example, if you reserved a parking space for September 20 but did not use it, you will not be able to use your right of withdrawal on September 21.
Supply of alcoholic beverages whose delivery is deferred for more than 30 days and whose value depends on financial market rates (e.g. grand cru wines reserved before harvest)
CDs, DVDs or computer software that you have opened
Supply of newspapers, periodicals or magazines, except in the case of a subscription contract
Urgent maintenance or repair work carried out at your home and at your request, within the limit of the spare parts and work necessary for the strict repair. Thus, the replacement or installation of equipment which is unrelated to the breakdown or which goes beyond the repair are subject to the exercise of the right of withdrawal. For example, you install an armoured door when requesting an intervention for a door opening.
Concluded at a public auction. In the absence of an auction, brokerage operations by electronic means (intervention of a third party in the description of the goods and the conclusion of the sale) are subject to the right of withdrawal.
Accommodation service (hotel, camping...), transportation (people, goods, moving), car rental, catering or leisure activities provided on a specific date or according to a specific periodicity (show ticket...). The sale of vouchers or gift vouchers for wellness services with a validity period of 1 year does not fall within the exception to the right of withdrawal.
CALCULATION OF THE RETRACTION DELAY :
You have a minimum of 14 days to change your mind about your purchase. The same delay applies for a telephone canvassing.
14 days is the minimum legal period.
The professional can propose a longer period to his customers.
The right of withdrawal also applies if the product is sold off, used or out of stock.
You can exercise your right of withdrawal from :
the conclusion of the contract for the provision of services, the supply of digital content excluding material support, the supply of water, gas, electricity or district heating,
of their receipt for the goods,
the receipt of goods for mixed contracts (i.e. contracts that have as their object both the provision of services and the delivery of goods).
If your order is for several goods delivered separately or for a good consisting of multiple lots or parts, the delivery of which is staggered, the period begins upon receipt:
of the last good or batch,
or the last piece.
If the contract provides for the regular delivery of goods during a defined period, the period begins upon receipt of the 1st good.
If the seller has not informed you of your right of withdrawal, the period is extended by 12 months from the end of the initial withdrawal period.
But if you are informed during this extension, the period is again 14 days. It begins on the date you receive the information.
Please note: The 14-day period begins on the day following the conclusion of the contract or the delivery of the goods, depending on the type of contract. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
EXERCISE OF THE RIGHT OF WITHDRAWAL :
Before the expiry of the withdrawal period, you must send the seller the standard withdrawal form obligatory provided with the contract or another written expression of your willingness to withdraw.
You can use a template document to help you write your letter.
The simple return of the good without declaration or the refusal to take delivery is not sufficient to express your will to withdraw.
You do not have to justify or justify your decision.
The professional may not demand any special conditions (for example, require the sending of a registered letter with acknowledgement of receipt).
However, if it is necessary, you must be able to provide the elements to prove the use of your right of withdrawal.
Any clause by which the consumer abandons his right of withdrawal is null and void.
The seller may also allow you to complete and transmit the form or declaration on his website. In this case, the trader shall provide you with an acknowledgement of receipt of your withdrawal.
In case of dispute, you will have to prove that you have respected the withdrawal period.
EFFECTS OF THE RIGHT OF WITHDRAWAL :
The main contract and contracts ancillary to the main contract of sale or supply of service (e.g. insurance contract, credit contract) are cancelled.
You must return the product.
The seller must reimburse you the totality of the sums you have paid, including delivery costs.
PRODUCT RETURN :
You must return the goods to the seller no later than 14 days after sending your withdrawal.
You must pay the following amounts:
Direct return costs unless the seller pays for them or has not informed you that you have to pay these costs.
Additional charges for delivery of the goods if you have chosen a more expensive delivery method than the one usually offered by the seller. For example, if you expressly choose an express delivery within 24 hours whereas the seller proposed an ordinary delivery method involving less shipping costs, you will bear the difference in costs between these 2 types of deliveries
Fixed and proportionate costs of the service whose performance has begun before the end of the cancellation period at your express request.
In the event of an express request for performance of the service before the end of the withdrawal period you will not be liable for any sum if the professional has not collected your express request on paper or on a durable medium. This is also the case if the trader has not informed you of the obligation to pay a fee for the service provided up to the time of withdrawal.
In the event of return of part of the order, the seller must reimburse you the delivery costs in proportion to the number of items returned, except in the case of flat-rate delivery costs.
REIMBURSEMENT BY THE PROFESSIONAL :
Reimbursement deadline :
The seller must reimburse you at the latest within 14 days following the date on which he was informed of your decision to retract, unless there is a justified delay.
However, for a sale of goods, the seller may defer reimbursement until the day the goods are collected or until you have provided proof of shipment of the goods.
Please note: the use of gift vouchers makes it impossible to reimburse them in cash.
In the event of a delay in reimbursement (after the 14-day period or after the return of the goods), the sums due are automatically increased.
In case of difficulty to be reimbursed, you can give formal notice to the professional.
In the event of a dispute, you can refer the matter to a consumer association or the Federation of Distance Selling Companies (Fevad).
Means of reimbursement :
The seller reimburses you by the same means of payment as for the purchase.
If you agree, he can also use another means at no extra cost to you.
Thus, a refund in the form of a credit note or voucher can only take place if the purchase was made in this form, or if the consumer has given his express consent for a refund in this form.
To return a product, first of all, as explicitly indicated above, you must obligatorily inform us of your return by email to firstname.lastname@example.org before returning your item. Then, in a second time, once we have taken note of your request, you can return your product by sending it to us by post to this address : BP 90024 Persan (95340) France. Finally, you must also mention the name : "SNK-SHOP" on the package you wish to return and you must also include your invoice in your package.
You will be responsible for paying your own shipping costs to return your item. Depending on where you live, the time required to receive your exchanged product may vary.
It is your responsibility to consider using a delivery service that allows you to track the shipment or purchase delivery insurance. We do not guarantee that we will receive the item you return. We will only refund you after we receive your item and its invoice, which will serve as proof of purchase.