LexInter | January 30, 2002 | 0 Comments


Article L121-35
Modified by LAW n ° 2011-525 of May 17, 2011 – art. 45

Any sale or offer for sale of products or goods or any service or offer to provide services made to consumers and giving the right, free of charge, immediately or in the future, to a premium consisting of products, goods or services except ‘they are identical to those which are the subject of the sale or the service when the practice in question is of an unfair nature within the meaning of Article L. 120-1 .

This provision does not apply to small items or services of low value or to samples. In the event that these small items are distributed in order to meet environmental requirements, they must be fully recyclable whether it is fire-retardant recyclable cardboard or food inks and have a value of less than 7% of the price. net sales, all taxes included, of the product being sold. If this belongs to the category of products and ingredients as defined in article L. 3511-1 of the Public Health Code, small items must not include any reference, graphics, presentation or any other distinctive sign which recalls a product or an ingredient as defined in the same article L. 3511-1. In this case, health warnings relating to the dangers of tobacco must be mentioned. The references of the person interested in the advertising operation, the name of the brand, the acronym or logo, may be affixed on small objects as long as they comply with the provisions restricting or framing advertising concerning alcohol, tobacco and online games or betting, in particular provided for in Articles L. 3511-3, L. 3511-4 and L. 3323-2 to L. 3323-5  of the public health code. The methods of affixing references are defined by decree.

This provision applies to all the activities referred to in the last paragraph of Article L. 113-2 .

The rules relating to sales with premiums applicable to the products and services offered for the management of a deposit account are laid down by point 2 of I of article L. 312-1-2 of the Monetary and Financial Code.

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