Electronic Sales Contract
The primary form of agreement governing the relationship between a trader and a consumer is the sales contract. Article 14 of the French Law on Confidence in the Digital Economy of 2004 addresses distance selling, a concept long recognized. Examples include mail order sales, television shopping, telephone purchases, and purchases made through Minitel. For a method of distance selling to be established, it is sufficient that the two contracting parties are not simultaneously present in the same location. At one point, the question arose of whether online sales could be integrated with doorstep selling. Although the purpose of such an analogy was to strengthen consumer protection, the prevailing view ultimately favored the legal framework governing distance selling.
Within internet networks, what was once merely a specific form of traditional sales evolved into a fundamental method of electronic commerce. The European Directive on consumer protection in respect of distance contracts of 1997 laid the foundations of the modern framework for distance selling. This directive was incorporated into French law by the decree dated 23 August 2001 and led to amendments to consumer law aimed at organizing consumer protection in both the sale of goods and the provision of services.
Concept and Legal Elements of the Electronic Sales Contract
Professional and Consumer Relationship
This relationship is reflected in Article 15 of the French Law on Confidence in the Digital Economy of 2004, which amended Article L.120-20-3 of the French Consumer Code. Since a professional in one economic sector may act as a consumer in another, for example, a bookseller purchasing a computer, this relationship requires clarification. In particular, the question arises as to whether a professional operating in the same economic sector from which the goods or services originate can be regarded as a consumer.
An affirmative answer may be inferred from the European Directive of 1997, according to which a consumer is any natural person who, in contracts covered by the directive, pursues purposes that do not fall within the scope of their professional activity. Accordingly, where a person meets this criterion within the framework of an electronic commerce contract, that person is considered a consumer and, in addition to benefiting from general consumer law protections, also enjoys the specific protections granted under Articles L.121-16 to L.121-20-10 of the Consumer Code. In any event, to prevent misuse of the right of withdrawal, the general rule is that the professional party must provide the consumer with essential contractual information at every stage of the contract formation process.
Information Relating to the Identity of the Seller
A seller engaged in electronic commerce bears a significant obligation to provide information, as the buyer cannot physically inspect the goods at the time of contracting. The goods are presented only virtually, at best in three-dimensional form. Article 19 of the French Law on Confidence in the Digital Economy of 2004 requires the seller to provide the following information:
- If the seller is a natural person, their first and last name, and if a legal entity, its legal name and legal form.
- The address of the establishment, the electronic mail address, and the telephone number of the seller.
- Where the seller is subject to registration in the commercial register, companies register, or a professional registry, the registration number, the amount of capital, and the address of the principal place of business are required.
- Where the seller is subject to value-added tax and has an individual tax identification number, the seller must disclose that number.
- Where the activity requires a specific license, the name and address of the issuing authority should be provided.
- Where the seller is a member of a regulated profession, reference to the applicable professional rules, the professional title, the Member State of the European Union that granted the authorization, and the name of the professional body or organization with which the seller is registered.
In addition, written confirmation of this information must be sent to the buyer no later than the time of delivery of the goods.
Right of Withdrawal
A dissatisfied customer may exercise the right of withdrawal provided that the purchased goods have not been damaged, the purchase invoice is available, and the withdrawal complies with the general terms of sale accepted by the customer.
The right of withdrawal is recognized under Article L.121-20 of the French Consumer Code. Pursuant to this provision, the buyer has seven days to exercise the right of withdrawal.
If the pre-contractual information has not been provided to the buyer, this period is extended to three months. Certain goods and services are excluded from this right, particularly where it may reasonably be assumed that the user intends to retain them, such as most non-material services that have already been performed.
Frequently Asked Questions About Electronic Sales Contracts
An electronic sales contract is an agreement between a seller and a buyer concluded through the internet or electronic networks, whereby goods or services are sold without the physical presence of the parties. Such contracts constitute distance selling. They are subject to consumer protection regulations.
A consumer is any natural person who purchases goods or services for personal use and outside the scope of professional or commercial activities. Even a person engaged in economic activity may be considered a consumer when the purchase is unrelated to that activity.
The seller must provide identity and contact information, commercial registration details, capital amount, tax identification number, required licenses, and references to applicable professional rules. This information must be provided before delivery of the goods.
The buyer has seven days to withdraw from the purchase, provided that the goods are undamaged and the invoice is available. If pre-contractual information was not provided, the withdrawal period is extended to three months.
No. Certain goods and services, such as non material services that have already been performed or goods that cannot reasonably be returned due to their nature, are excluded from the right of withdrawal.
In electronic sales, the buyer and seller are not simultaneously present in the same location. The contract is concluded through electronic networks. This distinction creates additional obligations relating to disclosure of information and consumer protection. What is an electronic sales contract?
Who is considered a consumer in an electronic sales contract?
What information must the seller provide in electronic sales?
How is the right of withdrawal exercised in an electronic sales contract?
Are all goods subject to the right of withdrawal?
How does an electronic sales contract differ from a traditional sales contract?
