In France, customers have the right to cancel most distance purchases made away from business premises. This gives them the opportunity to reconsider and request a refund. Businesses must respect this right and understand the conditions and exceptions to avoid extra costs. This article covers all the important information you need to know about the right of withdrawal in France.

What’s in this article?

• What is the right of withdrawal?
  
• How does the right of withdrawal work?
  
• What are the responsibilities involved in exercising the right of withdrawal?
  
• Exceptions to the withdrawal period
  
• Risks of non-compliance with the withdrawal period
  

What is the right of withdrawal?

When a product or service is purchased remotely – online or by phone – the customer usually has a reasonable period of time to cancel the order. Businesses must respect this right of withdrawal.

Customers must be informed of this right before placing an order. This information is often included in the general conditions of sale, the purchase order, or any other contract signed by the customer. This right does not apply to purchases made in stores or at events such as trade shows.

What rights do customers have?

Under the right of withdrawal, customers have 14 days to cancel their orders for most distance purchases. This is the minimum legal period that can be extended by the seller. This right applies to all types of distance selling, including sales, clearance, and second-hand goods, except in specific cases.

The withdrawal period starts on the day the buyer receives the goods. For services, the period begins on the day the parties sign the contract.

Sellers cannot charge additional fees if customers respect this period. Sellers cannot require customers to give a reason for exercising their right of withdrawal.

If the seller does not specify the cooling-off period, it is automatically extended by 12 months. For example, if a customer buys a mobile phone and is not informed of the right of withdrawal within the first 14 days, the customer effectively has an additional 12 months to withdraw.

Which contracts does this apply to?

For most distance contracts, the minimum 14-day withdrawal period applies. However, this period can differ based on the type of contract, regardless of the seller.

• Real estate transactions: The withdrawal period is 10 days from the date of receipt of the credit offer.
  
• Some types of insurance (e.g. telephone insurance): The withdrawal period is 30 calendar days.
  
• Other types of insurance (e.g. life insurance): The withdrawal period is 30 calendar days from the day the policyholder is notified of the conclusion of the contract.
  

The French Ministry of Economy, Finance and Industrial and Digital Sovereignty regularly updates these deadlines.

How does the right of withdrawal work?

To comply with these rules, customers need only provide a standard document or form stating their intent to cancel. If the customer returns the goods without explicitly notifying the company of the intention to cancel, this does not satisfy the notice requirement for exercising the right to cancel.

Sellers cannot require customers to provide any justification or impose any special conditions, such as sending a registered letter. They can, however, allow their customers to submit any necessary documents via their website.

The company should be transparent with the customer while communicating the right of withdrawal and honouring it. The customer must also keep all documents, contracts, emails, and other records to prove compliance with the right of withdrawal in the event of a dispute.

Using Stripe Checkout, businesses can streamline the payment process for clients while respecting the right of withdrawal. Tools in 30 languages guarantee an optimised experience no matter which device clients use to pay.

What are the responsibilities involved in exercising the right of withdrawal?

The right of withdrawal applies to the customer as long as a handful of specific requirements are met.

Customer responsibilities

If the customer chooses to withdraw, they can still be required to cover certain costs related to their distance purchase under the right of withdrawal. These might include:

• Return shipping costs, if the seller has not specified they will bear these expenses

• Additional delivery charges, if they opt for express or priority delivery

• Fixed and proportional costs for a service that started before the withdrawal period ended, provided it began at the customer’s explicit request

How is the customer refunded?

The seller must refund the customer using the same payment method that was used to make the purchase (e.g. Apple Pay, bank transfer). An alternative payment method can always be negotiated at no additional cost to the customer, but the final decision rests with the seller.

A refund in the form of a credit or voucher is only allowed if the original purchase was made by that method or if the customer has explicitly agreed to it.

The seller can deduct an amount to compensate for any damage or deterioration of the item.

What is the refund deadline?

Once the seller is notified of the customer’s cancellation, the seller has 14 days to issue a refund, unless there is a justifiable delay.

For returns, the refund can be delayed until the seller receives the items or the customer provides proof of shipment.

Exceptions to the withdrawal period

According to the French government, the right of withdrawal does not apply to all distance purchases. For the following purchases, the buyer cannot exercise the right of withdrawal and the purchase cannot be cancelled:

• Goods with prices heavily influenced by fluctuations in the financial markets (e.g. stocks, bonds, or commodities)

• Customised items that cannot be resold to others (e.g. engraved personalised items or custom software)

• Perishables that cannot be stored for long periods of time (e.g. fresh produce or bouquets of flowers)

• Goods with open packaging that cannot be resold for health reasons (e.g. cosmetics or food)

• Purchases made at public auctions, unless the sale is facilitated by an online platform

Certain digital goods are not subject to the right of withdrawal:

• Digital media with broken seals (e.g. CDs, DVDs, or software)

• Products that must be paired with another item to work (e.g. remote controls or accessories)

• Downloaded digital products or activated subscriptions (e.g. movies, music, or software)

Certain services are excluded:

• Deliveries of premium alcoholic beverages ordered in advance, with prices that can vary with market fluctuations

• Services started before the end of the legal withdrawal period and explicitly requested by the customer (e.g. hourly rentals or parking spaces)

• Subscriptions to periodical publications (e.g. newspapers, magazines)

• Services that are fully completed before the customer exercises the right to cancel (e.g. emergency repairs or maintenance)

• One-off communication services (e.g. telephone booths)

Certain professional services are also excluded:

• Tourism and leisure services offered on a specific date or within a specific time period (e.g. camping or hotel stays)

• Financial services related to money and risk management (e.g. banking services or insurance advice)

• Transportation services for individuals or groups (e.g. train or plane tickets)

• Contracts for services to be performed on a specific date or within a specific time period (e.g. concerts or shows)

• The provision of public services (e.g. contracts for water or gas)

This list is not comprehensive and can be updated based on the conditions established by the seller.

Risks of non-compliance with the withdrawal period

By law, interest is automatically added to amounts owed if the 14-day refund period is not met.

Under the Digital Services Act in Europe, online platforms must verify the identity of all sellers and professional service providers before displaying their advertisements.
If a user cannot contact the seller directly through the platform, the seller must provide all necessary contact information. Failure to comply with this obligation can result in administrative or criminal sanctions being imposed on the platform.

In the event of a dispute, the customer can refer the matter to a mediator, such as the Federation of E-commerce and Distance Selling (FEVAD). The website of the French Ministry of Economy and Finance provides detailed information on the Consumer Code and the right of withdrawal.