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There is a whole series of services and objects strictly regulated by French law and which are not freely available for sale. Beyond that, Internet auctions are subject to new regulations which provide for a distinction between the different forms of sale.
Can I sell the items of my choice?
The online auction is subject to two main conditions:
– respect for public order
– respect for the rights of third parties
The first criterion consists in not selling arms, drugs, medicines or services.
Respect for the rights of third parties includes the prohibition to sell patents, trademarks and copyrights.
When we talk about auctions, we immediately think of real estate auctions. This type of activity has developed thanks to the development of new websites such as http://www.encheres-publiques.com
Can I sell as many items as I want?
The right of withdrawal exists in France for distance sales, but it is reserved for purchases made from a professional. In the case of online auctions between consumers, the right of withdrawal does not exist. The return of the goods can then only be made at the goodwill of the seller.
If the item does not match the description?
It is your responsibility to prove that the product purchased does not correspond to the description given. A mere impression of the description is authentic. Send a registered letter with acknowledgment of receipt to the seller asking him for reimbursement against the return of the object. If this is not enough, you have the possibility of seizing the high court. As a general rule, the judge assigns the seller, pronounces the resolution of the sale and demands the reimbursement of the object against its restitution.
In the event of a scam, can I sue the site?
It will first be necessary to provide for a distinction between the different forms of sale on the Internet and to define the status of the online broker as a host or publisher. The qualification criteria are currently being studied by the courts in order to have a precise look at the real activities and responsibilities of the online broker.
DAMY law firm , Nice, Internet auctions, what are my rights? 2022 Update
