so I stupidly bought an oven on line - from a reputable site - and I accepted it when delivered only to find when fitting it that it was damaged. There are some dents and some chips on the enamel. No big deal but the seller pointed me to their t&c’s indicating that I had had10 mins. to inspect it before refusing the delivery. My question is - does their t&c override French consumer law - and does French consumer law allow me to reject it ?
The EU (and therefore France) has fairly consistent and comprehensive distance selling rules so you should be able to use those if you are quick.
There’s also a general principle which I hope would be upheld in French law which is that you can’t sign away rights which legislation gives you - such as the right to reject faulty goods.
Hopefully this site has some pointers.
Basically I just googled “droits consommateurs en ligne”
Edit: Oops - just noticed that I seem to have posted the same link twice. I’ll try to figure out what the 2nd one was supposed to be later.
I’m sure BillyB is right. The distance selling rule, as I understand it, is that a product can be returned for any reason or no reason at all, within X days [14, I think]
Amz’s choices of motive for a return is ‘doesn’t suit my needs’ and ‘incompatible with my present set-up’
However, sellers try to weasel out of taking a return by stating the product must be ‘unused and in its original packaging’.
This is clearly unreasonable in almost any circumstance.
It is also not necessary per the regulations.
thank you for all your responses, however although they talk much about protection and recourse, there is no mention anywhere of the right of retraction within a specified number of days.
The vendor (ZEboutique) has now come back to me and basically told me that I don’t have a leg to stand on ! (too late of course but now, looking on Trust Pilot I realise that I am not alone - they have many unhappy customers!)
I will now try to get some help from my credit card company, but if any of you have any other ideas, they would be most welcome.
I bought an oven and dishwasher via CDiscount, both were collected by us from their local warehouse and no inspection made as both were totally wrapped and on small pallets so had to wait but we were told if a problem to contact them immediately for help or refund! Not heard of the above outlet
Remind me not to buy from them
Had you bought it > 14 days before your first post?
Out of interest what’s the French equivalent of “trading Standards” - surely there is a higher authority to whom you can refer (the court system presumably though that might be somewhat of a faff).
Sometime in early 2022 I purchased a piece of equipment for drain unblocking. The kit comprised a box that housed an electric motor and a long spiral spring. The ad mentioned 25m of spring but I only received 20m, so I went back to the company to let them know. They said their ad must have been incorrect and that they didn’t do a 25m spring. I asked for compensation. They said no. I then went back again and they made a poultry offer, telling me my choice was accept that or nothing. I went back to not accept that and said if they didn’t compensate me with X euros (can’t remember the sum but calculated it using a source from the net), I would have no alternative but to pursue my consumer rights by contacting the following:
I can’t remember where I got that address, but it did the trick. Almost instant response giving me what I’d asked for. The company was Vevor, who I’ve actually had many good experiences with, so this appeared to be exceptional.
Répression des Fraudes. Used them to get rid of an orange problem years ago, all absolutely free and immediate action.