E-commerce in the French market, similarly to other European Union countries, is subject to strict legal regulations. These regulations are primarily aimed at protecting consumers, ensuring fair competition, and creating transparent operating conditions for entrepreneurs. In this article, we will focus on the key legal requirements for the e-commerce market in France, with a particular emphasis on online store regulations.
Basic legal requirements - store regulations
Under Article 221 §1 of the French Consumer Code, online sales are defined as distance contracts between a professional, i.e., a trader, and a consumer. Before concluding a sales contract, the trader must provide consumers with all information regarding the terms of the transaction. These are listed in Article 221 §5 of the Consumer Code and must be fully legible, easy to understand, and provided in French. These include:
- data identifying the seller (name and surname for natural persons, registered trade name in the case of a company), including contact details (postal address, e-mail and telephone number).
- information regarding the characteristics of the products or services offered, i.e. a detailed description with photos and technical specifications (Article 111 §1 of the Consumer Code);
- Product prices are quoted in euros, including VAT. Customs duties apply to products sold outside the European Union;
- information about guarantee and warranty
Furthermore, the consumer must be informed of the right to withdraw from the contract within 14 days without providing a reason. It is also important to consider the delivery date, which is understood as the maximum number of days within which the order will be fulfilled. If this date is not provided, in accordance with the provisions of the Consumer Code (Code de la consommation), the entrepreneur is obligated to fulfill the obligations arising from the sales contract within 30 days.
An online store's terms and conditions, known in France as "Conditions Générales de Vente" (CGV), are a document that should include all the above information. They are essential for ensuring transparency and fairness in commercial transactions, as well as for increasing customer loyalty. These terms and conditions ensure that customers are aware of their rights and obligations.
It's important that it meets the requirements,
including those regarding complaints, which differ from Polish regulations. One of the most significant differences is the extension of the liability period for non-conformity of goods by 6 months (totaling 30 months, or 2.5 years) if the customer successfully files a complaint and the product is repaired.
Personal data protection
Every online retailer must comply with the General Data Protection Regulation (GDPR), which requires businesses to protect their customers' personal data. Stores must inform users about what data is collected, for what purposes, and how it is processed and protected. Consumers must also have the ability to access, modify, or delete their data.
Mediation as a way to protect consumer rights
France is one of the European countries with one of the most developed consumer protection systems, thanks to the mediation institutions operating there. By regulation of 16 November 2011, EU Directive 2008/52/EC was introduced into French law, defining the phenomenon of mediation for the first time. However, the transposition of Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013, known as the "ADR Directive," which establishes rules for the out-of-court resolution of disputes between professionals and consumers, was of key importance for the e-commerce market.
The introduced regulations established the CECMC (Commission for the Assessment and Control of Consumer Mediation) and obligated businesses to provide consumers with access to alternative dispute resolution methods (ADR). This scope is therefore very broad and means that every professional who directly concludes contracts with customers - both in the context of brick-and-mortar stores and online - is obliged to offer them the opportunity to resolve disputes arising from contracts for the sale of goods or provision of services, with the participation of a mediator.
Summary
In summary, running an e-commerce business in France requires not only understanding the market and consumer expectations but also strict compliance with applicable laws. Ensuring compliance with regulations at both the national and EU levels is crucial to building trust and ensuring lasting success in the competitive e-commerce market.
If you are planning to expand into the French market and need support in preparing the appropriate documents, including store regulations, schedule a consultation by phone or fill out the contact form on the store's website - our team will take care of the rest!