La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
Your legal questions
You have made a purchase on the internet but you are not satisfied. Do you know that you have a right of withdrawal, as for any other transaction?
Check the general conditions of sale.
First you have to look at the General Conditions of Sale (GTC) of the website where you made your purchase. They determine the clauses of the sales contract that you have concluded by buying the property. The provisions of the return policy are sometimes more favorable than the law provides. The GTC must remember the right of withdrawal you receive. Only certain assets such as software that has broken seals, DVDs or CDs that have been opened and very personal items can not be returned.
Send a mail.
All you have to do is send a registered letter with acknowledgment of receipt, indicating the references of your purchase (purchase order number, good, price) and where you declare yourself dissatisfied without having to be more specific about the causes of his dissatisfaction. Do not forget to invoke the code of consumption when claiming the right to retract. This mail must be sent within 7 days of receipt of the package or within 3 months in case the seller has not confirmed your purchase in writing. Today, most online sales sites have a return / cancellation section. You can cancel your purchase even after making the payment within minutes of your purchase.
If you wish to cancel your purchase after receipt of it it is imperative to consult very precisely the terms of the website, some of them credit you a credit you must use on their site, sometimes if the product is defective you can return it for free, the seller sends you a prepaid label to stick on your package for the return. P>
However, most of the time the delivery charges you have paid and the cost of return are your responsibility.
Take legal action.
In case of refusal of refund of the good, you can write a letter to the regional direction of the competition, the consumption and the repression of frauds to carry out an inquiry. If it considers it necessary, it will transmit the file to the prosecutor who will initiate a criminal action. In the event of a favorable judgment, you may be entitled to a compensation of 1500 euros maximum if the seller was a natural person and 7500 in case of legal persons. You may also, after writing a letter of formal notice, bring a civil action. You can go to the court of proximity for a dispute of less than 4000 euros, the court of first instance for a dispute of less than 10 000 euros and the court of first instance for a dispute of more than 10 000 euros.
DAMY Lawyers Company, Nice, How to cancel a purchase done on the internet? Updated 2017