Distance selling: additional consumer information

Prior to the conclusion of a contract for the sale or supply of services remotely (for example, on the internet), businesspersons are required to give to consumers with a certain amount of information. The list of this information has just been completed.

Thus, as of May 28, 2022, businesspersons must, besides the information they are already required to provide, give to consumers the contact details of the competent consumer mediator(s) to whom the customer may have recourse in the event of a dispute as well as means of online communication in addition to the mediator’s e-mail address.

The information to be given to consumers

Here is the list of the information that a businessperson must give to his consumers, supplemented by those that will be added as of May 28, 2022:

- his/her name or company name, the geographical address where he/she is established, his/her telephone number and his/her e-mail address as well as, where applicable, the geographical address and identity of the businessperson on whose behalf he acts;

- where applicable, means of online communication in addition to his/her e-mail address. These means ensure that consumers can keep all written exchanges on a durable medium, including the date and time of such exchanges;

- if it differs from the address that he/she has provided, the geographical address of his/her registered office and, where applicable, that of the businessperson on whose behalf he/she is acting, to whom the consumer may address any complaint;

- the terms of payment, delivery and performance provided for in the contract;

- where applicable, the procedures for processing customer complaints;

- where applicable, the existence and methods of implementation of the legal guarantee of conformity, the guarantee of hidden defects or any other applicable legal guarantee;

- where applicable, the existence and methods of implementation of the commercial guarantee and after-sales service;

- where applicable, the duration of the contract or, in the case of a contract of indefinite duration or tacit renewal, the conditions for termination;

- where applicable, the functionality of goods containing digital elements, content, and services, including applicable technical protection measures;

- where applicable, any relevant compatibility and interoperability of goods containing digital components, content, and services of which the businessperson has or should reasonably be aware;

- the contact details of the competent consumer mediator(s) to whom the consumer may have recourse;

- the cost of using the means of distance communication for the conclusion of the contract where this cost is calculated on a basis other than the basic tariff;

- where applicable, the existence of codes of conduct applicable to the contract and the procedures for obtaining a copy thereof;

- where applicable, the minimum duration of the consumer’s contractual obligations;

- where applicable, the existence of a security or other financial guarantees to be paid or provided by the consumer at the request of the businessperson and the conditions relating thereto.

Information on the right of withdrawal

In addition, prior to the conclusion of a distance sales contract, the businessperson must provide the consumer with information on the conditions, the period, and the procedures for exercising the right of withdrawal available to him/her. He/she must also provide the consumer with the standard withdrawal form reproduced in the appendix to Article R 221-1 of the Consumer Code.