LexInter | June 25, 2002 | 0 Comments

LEGISLATIVE DIRECTORY I

Article L442-2

 

The fact, for any trader, of reselling or announcing the resale of a product as is at a price lower than its actual purchase price is punished by a fine of 75,000 euros. This fine may be increased to half of the advertising expenditure in the event that an advertising advertisement, whatever the medium, shows a price lower than the actual purchase price. The termination of the advertisement may be ordered under the conditions provided for in Article L. 121-3 of the Consumer Code .

The actual purchase price is the net unit price shown on the purchase invoice, less the amount of all other financial benefits granted by the seller expressed as a percentage of the net unit price of the product and increased by sales taxes. business, specific taxes relating to this resale and the price of transport.

The actual purchase price as defined in the second paragraph is assigned a coefficient of 0.9 for the wholesaler who distributes products or services exclusively to professionals who are independent to him and who carry out the activity of retail reseller, processor or final service provider. Within the meaning of the preceding sentence, any company free to determine its commercial policy and without any capital link or affiliation with the wholesaler is independent.

 

 

CIRCULAR RELATING TO TRADE NEGOTIATIONS BETWEEN SUPPLIERS AND DISTRIBUTORS

RESALE AT LOSS

 

JURISPRUDENTIAL BIBLIOGRAPHY FULL TEXT JURISPRUDENCE
SELLING AT A LOSS RESALE AT LOSS

 

 


Article L442-3

Legal persons declared criminally responsible for the offense provided for in article L. 442-2 incur the penalty mentioned in point 9 of article 131-39 of the penal code.

The termination of the advertisement may be ordered under the conditions provided for in Article L. 121-3 of the Consumer Code.

 

 

Article L442-4

I.- The provisions of article L. 442-2 are not applicable:

1 ° To voluntary or forced sales motivated by the cessation or change of a commercial activity:

2 ° To products whose sale presents a marked seasonal character, during the final period of the sales season and in the interval between two sales seasons;

3 ° To products which no longer meet general demand due to changes in fashion or the appearance of technical improvements;

4 ° To products with identical characteristics, the replenishment of which has been reduced, the actual purchase price then being replaced by the price resulting from the new purchase invoice;

5 ° To food products marketed in a store with a sales area of ​​less than 300 square meters and to non-food products marketed in a store with a sales area of ​​less than 1,000 square meters, the resale price of which is aligned with the price legally charged for the same products by another trader in the same area of ​​activity;

6 ° On condition that the reduced price offer is not the subject of any advertising or announcement outside the point of sale, for perishable products from the moment they are threatened with rapid deterioration;

          7 ° To the sale products mentioned in article L. 310-3.

II.-The exceptions provided for in I do not preclude the application of 2 ° of article L. 653-5 and 1 of article L. 654-2.

 

 

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