Between Euro 2024 and the Olympic and Paralympic Games, the coming weeks / months are going to be favorable for distance selling and home delivery of food products.
What are the main rules you need to know to operate this activity with peace of mind?
Pre-contractual customer information
Any professional selling products over the Internet must provide pre-contractual information to consumers, in accordance with the provisions of the French Consumer Code on distance selling.
To this end, the ordering tunnel must enable the consumer to know the main characteristics of the products (composition, allergens, etc.), their prices, as well as the conditions, delivery times and any delivery charges.
You are bound by the written texts and photos: the words “non-contractual photo” do not protect you, and you must deliver a dish that looks the photos used.
The general terms and conditions of sale must also include the information contained in the order tunnel and supplement it with the information listed in article L.221-5 of the French Consumer Code.
These terms and conditions must be accepted before the order is finalized, by means of a checkbox, and be accessible via a link provided for this purpose.
The customer must then click on “Order with obligation to pay” to finalize the order – or any equivalent formula (this formula is not very commercial, but it is imposed by article L.221-14 of the French Consumer Code).
The order confirmation email must also meet certain conditions. To find out more, don’t hesitate to ask one of the Linkea team’s lawyers, experts in consumer law, for advice.
Processing of customer personal data
Personal data collected as part of the delivery activity (surname, first name, telephone, address, …) must be processed in compliance with applicable data protection regulations and in particular the European Regulation on the Protection of Personal Data of April 27, 2016 .
In addition to your standard contractual documents (general terms and conditions of sale, commercial guarantees, etc.), it is essential to draw up a confidentiality policy, describing the protocol adopted at company level with regard to the processing of customer data, particularly in the context of your distance selling and delivery activity.
It is advisable to inform customers of your privacy policy before they finalize their distance selling order, and to obtain their consent to the processing of their data via a checkbox.
The customer’s consent must also be obtained before we can send them information and promotional offers.
Commercial leases must not exclude delivery activities
You must ensure that the clause in your commercial lease concerning the purpose of the leased premises allows you to operate a delivery business. If this is not the case, you will need to negotiate this point with your landlord.
Insurance adapted to distance selling activities
It’s important to check with your insurer whether you need to extend your insurance cover to include distance selling and delivery activities.
Compliance with health and safety regulations
As a distance seller of food products, you must ensure compliance with hygiene and safety rules at every stage of the sale process, from order preparation to packaging and delivery.
Here’s some advice from Linkea’s expert lawyers:
- Document in-house the processes implemented to comply with food safety rules, and be able to demonstrate compliance in the event of an inspection.
- Regularly commission an analysis laboratory to carry out checks on samples of products sold or stored in your restaurant.
- You are required to have at least one person with food hygiene training on your restaurant’s staff (with exceptions based on professional experience or qualifications). It’s a better to train a person who is likely to remain in your restaurant, so that he or she can in turn train other employees.
Carriers complying with regulations
You must insist that the carriers you entrust with the delivery of your products comply with food transport regulations, and provide you with an insurance certificate proving that they are covered for food transport activities.