LexInter | March 12, 2002 | 0 Comments


Chapter IV: Information on delivery times
Article L114-1
In any contract having as its object the sale of movable property or the provision of a service to a consumer, the professional must, when the delivery of the good or the provision of the service is not immediate and if the price agreed exceeds the thresholds set by regulation, indicate the deadline by which he undertakes to deliver the goods or perform the service.
The consumer may terminate the contract for the sale of movable property or the supply of a service by registered letter with request for acknowledgment of receipt in the event that the date of delivery of the good or performance of the service is exceeded. exceeding seven days and not due to force majeure.
This contract is, where applicable, considered to be broken upon receipt, by the seller or by the service provider, of the letter by which the consumer informs him of his decision, if the delivery has not taken place or if the service has not been performed between the sending and receipt of this letter. The consumer exercises this right within sixty working days from the date indicated for the delivery of the goods or the performance of the service.
Unless otherwise stipulated in the contract, the sums paid in advance are a deposit, which has the effect that each of the contracting parties can renege on his commitment, the consumer losing the deposit, the professional returning them twice.
Contracts and sales methods: delivery incidents, Revue fiduciaire, n ° 889, 26/05/2001, pp. 157-227


Article R114-1

The contracts concluded between professionals and consumers having for object the sale of a movable good or the provision of a provision of services of which the agreed price is higher than 500 euros are subjected to the provisions of article L. 114-1 when the delivery of the goods or provision of the service is not immediate.

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