Online sales – what are the rules for your order tunnel ?

Avocats, Conseils en réseaux

Any professional selling products over the Internet must provide pre-contractual information to the customer, in accordance with the provisions of the French Consumer Code concerning distance selling.

To this end, the ordering tunnel must inform the customer of the main characteristics of the products (composition, size, allergens, etc.), their prices, and payment and delivery terms.

The general terms and conditions of sale (GTCS) must also include the information contained in the order tunnel, and supplement it with information relating in particular to :

– the professional’s identity, postal address, telephone number and e-mail address;

– where applicable, the procedures for handling complaints;

– the existence and procedures for implementing the legal guarantee of conformity (referred to in articles L. 217-3 et seq. and articles L. 224-25-12 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (referred to in articles 1641 to 1649 of the French Civil Code), in the form of a box – model boxes are provided in the appendix to the French Consumer Code (these models vary depending on whether the sale of goods or the supply of digital content and services is involved);

– the existence and terms of any commercial warranty, and any after-sales service;

– the right of withdrawal (conditions, deadline and procedures for exercising the right of withdrawal, standard withdrawal form; where applicable, the fact that the customer bears the cost of returning the goods and the cost of returning the goods when they cannot normally be returned by post; where applicable, information to the effect that the customer does not benefit from the right of withdrawal or, where applicable, the circumstances in which he loses it);

– cancellation procedures, dispute resolution methods, other contractual terms and conditions and, where applicable, the cost of using distance communication technology, the existence of codes of conduct and financial deposits and guarantees;

– the possibility of recourse to a customer mediator (with contact details for the chosen mediator).

In addition, special provisions govern consumer information specific to certain activities or products, notably the supply of digital content and services.

The General 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 required by law…).

It is also advisable to inform the customer of the personal data management policy / confidentiality policy, and to obtain their consent to the processing of their data via a checkbox.

The customer’s consent must also be obtained before information and promotional offers can be sent.

The order confirmation e-mail must also meet certain conditions. To find out more, please contact us.

Avocats, Conseils en réseaux

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