LexInter | November 16, 2002 | 0 Comments




Under the terms of article L122-1 of the Consumer Code,

” It is forbidden to [….] make the sale of a product conditional on the purchase of a prescribed quantity or on the concomitant purchase of another product or another service as well as to make the performance of one service with that of another service or with the purchase of a product. “

To impose a group sale is to refuse an isolated sale.

The rule relating to the prohibition of tied selling is interpreted in accordance with commercial practice. Thus, it is customary to market a complementary series of identical products or several units of the same merchandise in a single packaging. It is up to the judges to decide whether the packaging presented to customers conforms to commercial practice.

The seller faces a fine of 1,500 euros because the tied selling is a fifth class offense.

Finally, to exonerate himself from his fault, the professional can invoke the existence of a legitimate reason as in the refusal of sale.

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