It’s my business. What are my rights when I buy on sale?

What are your rights when you buy at a lower price, during sales? Clarisse Tomé Duarte is a specialist in business law at SVP.

franceinfo: what information on the price must appear on the label? Must the markdown be clearly indicated on each product?

Clarisse Tomé Duarte: The regulations do not impose it stricto sensu. It provides that the seller must include the reference price as well as the discounted price. Nonetheless, fraud enforcement officers often require that all three words appear: the benchmark price, the discount and the discount price, to ensure a full understanding of the customer.

Will the products that I buy on sale be able to be refunded or exchanged?

The merchant never has the obligation to grant you the exchange or the refund, in general, he can do it for purely commercial purposes. However, any limitation of the legal guarantee of conformity and the guarantee of hidden defects is absolutely prohibited. The merchant must allow you to benefit from the legal guarantee of conformity.

There is a fundamental distinction between new and used products. The guarantee of conformity is two years for new products and six months for second-hand products. If you buy a product with an apparent defect, it is not obligated to take it back from you.

If an item is no longer available on sale, can I order it and get the same discount?

The merchant does not have the possibility to restock during the sales. He must be content to sell the products present in his stock and for which he has already carried out marketing and payment for at least a month. So if the product is missing in his stock he cannot order it for you, on the other hand, if the product is available in another store than his own, he can pick it up for you.

So the sales can’t be on the new collections?

Absolutely. The products must have been on the market for at least one month.

And if we buy on sale via click and collect, how does it work?

This is a distance sale followed by a withdrawal in store. Distance selling rules apply.

Can we have it delivered during the sales?

There is no difference in delivery.

If I notice an abusive practice, what can I do?

You can report it on signal.conso.gouv.fr. Fraud law enforcement officers are empowered to process reports and carry out checks in stores. If you are a victim, you have all the amicable and legal remedies available to you.

As a consumer you have access to free mediation. The merchant must give you the contact details of the mediator to which he has joined and you always have legal recourse, before the local court which is competent for small disputes.

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