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How do you tell the difference between real and “fake” sales? What are the merchants’ obligations during the sales?
Seasonal sales
Seasonal sales can take place during two periods of up to six weeks each during the year. These are the winter sales and the summer sales . The dates are set at national level, but different dates may be scheduled in certain tourist or border departments: this measure has been put in place to take into account the seasonality of sales or sales periods starting earlier in a neighboring country. On the Internet, seasonal sales can only take place on dates set at national level.
Obligations of traders
Sales can only relate to products that have been in stock for 30 days. Traders cannot therefore sell collections from previous years. They are also prohibited from restocking during this sales period. Merchants are not required to discount all of their products, but must clearly distinguish between discounted and non-discounted items. Must be indicated in addition to the reduced price or the percentage of reduction, the price “crossed out”, that is to say the price serving as a reference for the calculation of the announced reduction. A sale item must also benefit from the same legal guarantees: hidden defects, after-sales service, etc. Warranty limitations on sale products are illegal. All these obligations also apply to Internet sales.Destocking operations, private sales and promotions
Outside sales periods, merchants can carry out destocking operations or promotions. But they are prohibited from using the term “sales”. On the other hand, there is a real freedom on the products and the duration of these promotions or these destockings. Traders must nevertheless comply with price display obligations: the reference prices, the reductions announced, as well as the duration of the promotional operation.
DAMY law firm , Nice, True or false sale? 2022 Update
