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Right of withdrawal

advice Please note that:

We remind that, RAKUTEN’s contribution to the development of this Frequently Asked Questions (FAQ) is only a brief and non-exhaustive presentation of the legislation concerned. Therefore, this FAQ does not in any way constitute legal advice from RAKUTEN.

 

YES. All professional sellers, established or not in France, are required to respect the provisions relating to the right of withdrawal of articles L.221-18 and following of the french Consumer code, from the moment when the sale of their goods is intended for a public of French consumers. 

NO. As explained by article221-28 of the french Consumer code, the right of withdrawal cannot be exercised in the 13 cases restrictively listed :

  1. Contracts for the supply of services fully performed before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, the performance of which has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the trader;
  2. Contracts for the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  3. Contracts for the supply of goods made to the consumer’s specifications or clearly personalized;
  4. Contracts for the supply of goods likely to deteriorate or expire rapidly;
  5. Contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  6. Contracts for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
  7. Contracts for the supply of alcoholic beverages, delivery of which is deferred for more than thirty days and the value of which agreed on conclusion of the contract depends on market fluctuations beyond the control of the professional;
  8. Contracts for maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
  9. Contracts for the supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
  10. Contracts for the supply of newspapers, periodicals or magazines, except for subscription contracts for these publications;
  11. Contracts concluded at a public auction;
  12. Contracts for the supply of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities to be provided on a specific date or at a specific time;
  13. Contracts for the supply of digital content without material support, performance of which has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, where :
    1. He has given his prior express consent for performance of the contract to begin before expiry of the withdrawal period; and
    2. He has acknowledged that he will lose his right of withdrawal; and
    3. The trader has provided confirmation of the consumer’s agreement in accordance with the provisions of the second paragraph of article L. 221-13.

NO. The legislator is clear on this subject and expressly specifies that the consumer can exercise its right of withdrawal without having to justify its decision. 

For more information, we invite you to consult article L.221-18 of the French Consumer code.  

On the one hand, the buyer has the possibility of exercising its right of withdrawal within 14 days starting from the receipt of the product. 

It is also specified that in the case of an order relating to several products delivered separately or in the case of an order for a product composed of lots or multiple pieces whose delivery is staggered over a defined period, the short period starts from the receipt of the last product or lot or the final piece. 

On the other hand, the buyer must return the products to you without undue delay and, not later than 14 days from the communication of its decision to withdraw. 

For more information, we invite you to consult articles L.221-18 and L.221-23 of the French Consumer code.  

The buyer can exercise its right of withdrawal by any means if his wish to withdraw is clearly expressed and is unambiguous (sending the withdrawal form, message addressed to you in the post-sale messaging service, contacting RAKUTEN customer service, etc.).  

For more information, we invite you to consult article L.221-21 of the French Consumer code.  

YES. The normal use of the product sold does not affect the benefit of the right of withdrawal. You are required to comply with the buyer’s request made within the legal deadlines. 

Although, the legislator indicates that the consumer can only be responsible in case of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics, and the proper functioning of these goods. 

For more information, we invite you to consult article L.221-23 of the French Consumer code.  

In principle, when the buyer makes use of its right of withdrawal, as a professional seller, you are required to refund the price of the product as well as the delivery costs, within a maximum period of 14 days from the communication of the decision to withdraw.  

You also have the possibility to refund the buyer only upon receipt of the products subject to a withdrawal, or, when the buyer provides proof of shipment of the item ; depending on which situation comes first (recovery of the products or provision of proof of shipment). 

Be careful, in the event of late refund, the sums due for refund may be increased depending on the number of days late.    

For more information, we invite you to consult articles L.221-24 and L.242-4 of the French Consumer code.  

NO. The return costs of the product under the right of withdrawal are the responsibility of the buyer. As a gesture of goodwill, you can take charge of the costs but it is not an obligation.

However, assuming that the product cannot be returned by post (for example bulky items), you are required to recover it at your expense. You will therefore have to advance the return costs or provide a full refund of these costs to the buyer. 

For more information, we invite you to consult article L.221-23 of the French Consumer code.  

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