Since October 2022, sellers in France have needed to fulfill particular data obligations in reference to customers’ authorized guarantee rights. For the proper implementation of the data obligations, our shoppers obtained the suitable authorized texts in a well timed method as a part of the replace service. After a 12 months and a half, now we have now used our sensible expertise to additional adapt our common phrases and circumstances for the French market to the newest developments.
I. Review: Update of France General Terms and Conditions in autumn 2022
As a part of the implementation of latest necessities of EU legislation on gross sales legislation, France had the Decree No. 2022-946 vom 29.06.2022 Some changes have been made to French guarantee legislation. In this context, the statutory pre-contractual data obligations with regard to the guarantee rights of customers had been additionally adjusted.
These modifications resulted within the want for merchants on the French market to adapt their common phrases and circumstances (GTC) utilized to customers and to tell customers in accordance with the brand new authorized pre-contractual data necessities.
As a part of our replace service, we offered our shoppers with the suitable authorized texts for the proper implementation of the authorized data obligations. Now let’s sharpen these additional.
II. Affected: Sellers of merchandise to customers in France
The 2022 and as we speak updates have an effect on on-line retailers that provide bodily items, digital content material or digital providers particularly to customers from France.
This addresses retailers who goal their store or affords particularly to customers in or from France. Therefore, not solely retailers in France are affected, but additionally retailers from Germany who, for instance, function a web-based store in French underneath a .fr area and use this to supply their merchandise to customers in France.
Note: Anyone who, as a web-based retailer, solely affords their merchandise to customers by way of their German-language webshop or their German-language gross sales presence on amazon.de or ebay.de, and likewise accepts orders from customers in France and provides them, is exempt from the statutory data obligations of the French legislation and due to this fact not affected by the brand new updates to the authorized texts.
The similar applies to pure B2B retailers who solely supply their merchandise to entrepreneurs in France. The updates will not be necessary for these both.
III. NEW: Updated presentation of the obligatory data within the common phrases and circumstances
The obligatory authorized data on French guarantee legislation has been out there within the common phrases and circumstances offered by the IT legislation agency for the French market since autumn 2022.
Had to be within the phrases and circumstances
the handle, phone quantity and e-mail handle of the vendor are expressly said,
so that customers are knowledgeable about who and the way they might have to claim their guarantee rights.
NOW NEW: We have now tailored the presentation of the obligatory data within the General Terms and Conditions to the brand new normal of observe: The obligatory data is now displayed in a graphically highlighted method not solely on a separate data web page to which reference is made, but additionally comprehensively and immediately within the respective phrases and circumstances themselves.
IV. Specifically: Action required for affected retailers
The IT legislation agency has up to date the phrases and circumstances it offers for the French market Update service tenants can now entry these of their tenant portal.
Specifically, the next authorized texts from the IT legislation agency’s portfolio to guard sellers to customers in France have now been up to date:
Amazon France – AGBCdiscount France – AGBeBay France – General Terms and Conditions + Data ProtectionEtsy (French) – General Terms and Conditions + Data Protection + CancellationCatalog (French) – General Terms and ConditionsManomano France – General Terms and Conditions + Data ProtectionOn-line store France – General Terms and Conditions
If shoppers:
If you’ve got arrange a knowledge interface, the replace will happen mechanically and no handbook adjustment is critical. However, when you have not arrange an interface, you might be requested to manually copy and paste the present variations of the affected General Terms and Conditions from the consumer portal onto the goal pages.
We advocate affected shoppers to replace the General Terms and Conditions on the subsequent alternative.
V. Risky: Mere translations of authorized texts harbor risks
At first look, it appears apparent that to design net outlets in different languages, for price and time causes, solely resort to translations of German-language authorized texts utilizing translation instruments from the Internet.
Depending on the nation, nevertheless, this poses not solely insignificant dangers, as mere translations don’t keep in mind the country-specific peculiarities of the respective nation – reminiscent of, for instance, in French shopper guarantee legislation.
While in Germany violations of authorized data obligations are primarily topic to warnings from opponents and business and shopper safety associations, in different international locations, official investigations and finally the imposition of fines can happen, as is the case in France.
Note: The IT legislation agency affords foreign-language authorized texts for a lot of international locations, which – to the extent essential from a authorized perspective – are tailored to the precise nationwide legislation – and are due to this fact not simply mere translations.
Please be happy to search out out extra details about this right here.
VI. the necessities briefly
Retailers who supply bodily or digital merchandise particularly to customers in France should observe and implement sure obligatory data underneath French guarantee legislation. The IT legislation agency affords common phrases and circumstances for the sale of merchandise to customers in France, that are particularly tailor-made to the particular necessities of the are tailored to French legislation. As a part of the replace service, the IT legislation agency now offers its shoppers with updates to the overall phrases and circumstances, which take the present normal of observe into consideration when fulfilling the authorized data obligations. Clients who supply their merchandise particularly to customers in France should submit their Therefore replace the phrases and circumstances. When organising one The information interface is up to date mechanically and no handbook adjustment is required.
Tip: Do you’ve got any questions concerning the article? Please be happy to debate this with us within the
Entrepreneur group of the IT legislation agency on Facebook.