Return of Goods - "Avoir"s


(Melissa Miller) #1

I recently posted some details on SFN about the law concerning reimbursement of goods as I had been given an Avoir from a local shop not reimbursement. I thought I had found the "loi article" which applied and returned to the shop where the assistant had asked me to prove that I was entitled to a reimbursement not credit. I spoke to the girl, ranted a bit at the owner's son then finally spoke to a women who informed me that the law only applied to internet shopping. I asked her to show me the details which she will do tomorrow.


Anyway on returning home I searched the internet again (I am not too proud) and finally found she was right and this is the best site I found http://www.familles-de-france.org/node/231 with the clearest information and the bit I needed was this:


-Concernant les achats en magasins, il est possible de constater que certains commerçants laissent la « possibilité de rapporter l’objet (dans son emballage) sous X jours ».
Dans un tel cas, il s’agit d’un droit que le commerçant laisse au consommateur, et non d’une obligation légale à laquelle il est soumis.
Toutefois, il convient de préciser que juridiquement, le professionnel est tenu de ce pourquoi il s’engage.
Mais lorsque rien n’est mentionné par écrit (affichage, Conditions Générales de Vente, écrit informatif) : attention, le professionnel n’a aucune obligation d’accorder ce droit au consommateur !


So beware - you have more rights buying over the internet with 14 days to return the goods and be reimbursed.


(Peter Lewis) #2

I think you'll find that this droit de retraction doesn't apply to a purchase in a shop. If you buy by mail order, internet, phone, or on your doorstep, it's different, & that's what this clause covers.


(Suze Lennox) #3

Possibly a bit late but you have 7 days in which you can return any goods ( undamaged )

even if you bought on a whim.

http://lexinter.net/Legislation/droit_de_retractation.htm

they frequently try and fob you off with an "avoir" which you don't have to accept either.

Last resort, tell them you will contact UFC Que Choisir,( consumer help in most towns )

and stick to your guns !!

Droit de retractation on google for more ...


(Mike Kearney) #4

I think a lot of the smaller retailers have troubles with people who try to take advantage - Finding they could have got the product cheaper online - "Borrowing" a dress for an evening out and returning it the next day. So that is their way of protecting themselves. A bit different with a large builders merchant.
But overcharging is fraud and in that case I would expect an instant refund and a grovelling apology.


(Michael Blackmore) #5

I have found that our local Gedimat is quite happy to have unused goods returned even after more than a year ad generally gives the value in cash (with no deductions for restocking etc) apart form on one occasion where the refund was over €200 and they told me I would be sent a cheque which arrives about 7 days later. I think I have also had a small refund in cash from M Bricolage but most places do give an avoir for returned goods. For tiles and flooring etc I always overbuy slightly and they are quite happy to agree refunds for the excess without mentioning any time limit.


(Mike Kearney) #6

If you have been overcharged, I am sure you would be within your rights to demand cash.
Try threatening to call the police. Tell them you are on good terms with the editor of the local paper.......


(Justin Harris) #7

On several occasions I have been over-charged at Inter Marche. The amounts were small (less than a euro), but I went back to the till out of principal. On each occasion I have been presented with an avoir rather than cash, even though it only happened minutes before!


(Mike Kearney) #8

In some cases, Internet traders insist you follow their return procedures and that may require you to print out a pre-paid return label. Could be tricky if you don't own a printer.


(Melissa Miller) #9

Just a change of mind. In the case of internet purchases you have 14 days to return them and it depends on the seller as to whether they will refund the postage. Check before you return - or before you buy even. I bought some shoes from Germany once, made a mistake with the size and they refunded the postage and sent the correct size.


(Mike Kearney) #10

I was being lazy and hoping to get an answer without reading all that "small print!" :-)


(Haydn E Ebbs) #11

Copy of EU law for SALE OF GOODS can be found here..

http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32022_en.htm


(Mike Kearney) #12

Would that apply in the case of faulty goods, or only if you have changed your mind?
In the case of internet purchases, you have to pay return postage unless the goods are faulty or not what was described.