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
There are a whole series of services and objects strictly regulated by French law and which are not free for sale. In addition, internet auctions are subject to the new regulations which provide for a distinction between various forms of sale.
Can I sell the items of my choice?
The internet auction is subject to two main conditions: respect for public order respect for the rights of third parties
The first criterion involves not selling firearms, drugs, medications or services. Compliance with the rights of third parties includes prohibiting the sale of patents, trademarks and copyrights.
Can I sell as many items as I want?
The right of withdrawal exists in France for distance selling, but 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 merchandise can then only be made at the discretion of the seller.
If the object does not match the description?
It is your responsibility to prove that the purchased product does not correspond to the description given. A simple impression of the description is evidence. Send a registered letter with acknowledgement of receipt to the seller asking him for reimbursement against the return of the object. If this is not enough, you can apply to the court of first instance. As a general rule, the judge summons the seller, pronounces the resolution of the sale and demands the reimbursement of the object against its restitution.
In case of a scam, can I continue the site?
First of all, it will be necessary to distinguish between the different forms of internet sales and define the status of the online broker as a host or publisher. The qualification criteria are currently being considered by the courts to provide a clear view of the actual activities and responsibilities of the online broker.