THE JANUARY sales (soldes) are heavily regulated in France, with official start and end dates set by the government. This year they finish on February 9.
The soldes are the only time of the year that shops are legally allowed to sell merchandise at a loss. Retailers can run promotions at other times of the year - but the primary aim of the sales is to get rid of old stock.
It is important to know your rights when buying in the sales. During the sales period items are either accompanied or preceded by publicity about a reduction in price. Items included must have been on sale at full price for at least one month before the start date of the sales period.
Anything you buy during the sale period has the same guarantees as any other items.
If there is what is legally termed a vice cache (latent defect) the shop where you bought the item is obliged to replace it or give you a refund. If there is no fault, the shop is not legally bound to give you a refund. It is a matter of choice.
A shop is, however, bound to abide by any policy over refunds or exchanges that it has publicised either on posters or till receipts - or through any other material. If it fails to do so it is liable to be fined for false advertising.
Sale-items and non-sale items must be clearly marked out to shoppers, or else this too could be considered false advertising. The previous price must also be displayed with the reduction.
There are several criteria which any item purchased has to meet in order to conform to the guaranteed standards as set out by law.
- It must be in suitable condition and correspond to the description given, with all the same properties / functions as shown either through a sample or a model.
- It must be as described by the retailer or manufacturer, notably in any publicity or labelling, or otherwise must be outlined to the customer at the time of purchase.
The guarantee covers any defects on delivery of the item. It also covers any which have occurred during packing, those resulting from instructions or from the installation when carried out by the shop or under their responsibility.
Any defects which appear within six months of delivery are considered to have been there upon delivery, unless it can be proved otherwise.
The customer has a maximum of two years from the date of delivery to take up action.
However it is important to note this does not affect the right to take up any action concerning a vice caché.
A complaint over any defect can be made within two years counting from the date when the fault was discovered.
If the purchase does not meet the standards or there is a fault, the customer firstly has to chose between replacing it or having it repaired.
There are three cases where the customer can ask for the contract to be cancelled or for a reduction in price.
- If it is impossible to obtain a replacement or for the purchase to be repaired
- If it cannot be replaced or repaired within a month of the complaint
- If the replacement or reparation cannot be carried out without major inconvenience, taking into account the type of item purchased.
Anyone buying goods over the internet should be aware of a new law which came into force in June 2008. It means online retailers now have greater obligations. For example they must now provide a telephone contact number to allow customers to get in touch more easily should they need to. They must also specify a delivery date for the purchase.
In the event of a delay of more than seven days, it is then possible to cancel the order by registered post with acknowledgement of receipt.
The customer must then be refunded within 30 days.
Online retailers are also obliged to inform the customer about the right to change their mind (droit de rétractation). If this is the case, they must be refunded all of their money, including the initial costs to send the item out, however this does not include the cost of sending the item back.
If the customer does have a change of heart, or decides to cancel the order before it has been delivered within seven days of the agreed delivery date, he or she can be reimbursed using any method of payment. You have the choice over whether to accept a credit note from the retailer.
Other purchases made by what is described as “at a distance” (for example via telephone, post, or fax in addition to the internet) benefit from the seven day “cooling off” period in which the customer can change his or her mind. The seven days counts from the date the purchase was received. If the last day falls on a Saturday, Sunday, a bank holiday or a day being taken as holiday, the deadline is extended until the next working day. If certain essential information regarding the item has not been passed on, customers have the right to change their minds for up to three months.
