LexInter | August 28, 2002 | 0 Comments

RIGHT TO RETRACT

The consumer has a period of seven clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs.
The period mentioned in the previous paragraph runs from the receipt for the goods or from the acceptance of the offer for the provision of services.
When the information provided for in article L. 121-19 have not been provided, the period for exercising the right of withdrawal is extended to three months. However, when the provision of this information occurs within three months from receipt of the goods or acceptance of the offer, it causes the seven-day period mentioned in the first paragraph to run.
When the seven-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
Article L121-20-1
 

(inserted by Ordinance n ° 2001-741 of 23 August 2001 art. 5 and art. 12 Official Journal of 25 August 2001)

When the right of withdrawal is exercised, the professional is required to reimburse the consumer without delay and at the latest within thirty days of the date on which this right was exercised. Beyond that, the sum due is, as of right, productive of interest at the legal rate in force.

Article L121-20-2
 

(inserted by Ordinance n ° 2001-741 of 23 August 2001 art. 5 and art. 12 Official Journal of 25 August 2001)

The right of withdrawal cannot be exercised, unless the parties have agreed otherwise, for contracts:
1 ° For the provision of services the performance of which has begun, with the consent of the consumer, before the end of the seven-day period. franks;
2 ° The supply of goods or services, the price of which depends on fluctuations in financial market rates;
3 ° The supply of goods made to the consumer’s specifications or clearly personalized or which, due to their nature, cannot be returned or are liable to deteriorate or expire quickly;
4 ° The supply of audio or video recordings or computer software when they have been unsealed by the consumer;
5 ° Supply of newspapers, periodicals or magazines;
6 ° Betting or authorized lottery service.

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