LexInter | January 14, 2002 | 0 Comments


Article L121-21
Anyone who canvassing, at the domicile of a natural person, at his residence or at his place of work, even at his request, in order to offer him the purchase, the sale, is subject to the provisions of this section is subject to the provisions of this section. rental, hire-purchase or rental with option to purchase goods or the provision of services.
The provisions of this section are also subject to door-to-door sales in places not intended for the marketing of the good or service offered and in particular the organization by a merchant or for his benefit of meetings or excursions in order to carry out the operations defined in the previous paragraph.
Article L121-22
(Law n ° 95-96 of February 1, 1995, art. 7 Official Journal of February 2, 1995)

Activities for which canvassing is regulated by a specific legislative text are not subject to the provisions of Articles L. 121-23 to L. 121-29.
The following are not subject to the provisions of Articles L. 121-23 to L. 121-28:
1 ° Home sales of foodstuffs or everyday consumer products made by professionals or their agents during frequent or periodic tours in the agglomeration where their establishment is located or in its vicinity;
2 ° and 3 ° (paragraphs repealed).
4 ° The sales, rentals or hire-sales of goods or the provision of services when they have a direct relationship with the activities carried out within the framework of an agricultural, industrial, commercial or craft operation or any other profession.

Article L121-23
The transactions referred to in Article L. 121-21 must be the subject of a contract, a copy of which must be given to the customer at the time of the conclusion of this contract and include, on pain of nullity, the following information:
1 ° Names of supplier and direct seller;
2 ° Supplier’s address;
3 ° Address of the place of conclusion of the contract;
4 ° Precise designation of the nature and characteristics of the goods offered or the services offered;
5 ° Conditions of execution of the contract, in particular the modalities and the time of delivery of the goods, or execution of the provision of services;
6 ° Overall price to be paid and terms of payment; in the event of installment sales or credit sales, the forms required by the regulations on credit sales, as well as the nominal rate of interest and the overall effective rate of interest determined under the conditions provided for in the article L. 313-1;
7 ° Right of waiver provided for in article L. 121-25, as well as the conditions for exercising this faculty and, apparently, the full text of articles L. 121-23, L. 121-24, L 121-25 and L. 121-26.
Article L121-24
The contract referred to in Article L. 121-23 must include a detachable form intended to facilitate the exercise of the right to waive under the conditions provided for in Article L. 121-25. A decree in Council of State will specify the information to appear on this form.
This contract may not include any clause conferring jurisdiction.
All copies of the contract must be signed and dated by the client’s hand.
Article L121-25
Within seven days, including public holidays, from the order or the purchase commitment, the customer has the option to renounce it by registered letter with acknowledgment of receipt. If this period normally expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
Any clause of the contract by which the customer gives up his right to renounce his order or his purchase commitment is null and void.
This article does not apply to contracts concluded under the conditions provided for in article L. 121-27.
Article L121-26
(Law n ° 95-96 of February 1, 1995 art. 8 Official Journal of February 2, 1995)

Before the expiry of the reflection period provided for in Article L. 121-25, no one may demand or obtain from the customer, directly or indirectly, in any capacity or in any form whatsoever, any consideration whatsoever or any commitment or effect provision of services of any kind.
However, the home subscription to a daily publication and the like, within the meaning of Article 39 bis of the General Tax Code, is not subject to the provisions of the previous paragraph when the consumer has access to a permanent right of termination, without costs or compensation, accompanied by reimbursement, within fifteen days, of the sums paid in proportion to the duration of the
In addition, commitments or payment orders must not be executed before the expiry of the period provided for in Article L. 121-25 and must be returned to the consumer within fifteen days of his withdrawal.

Article L121-27
Following a demarcation by telephone or by any assimilable technical means, the professional must send the consumer a confirmation of the offer he has made. The consumer is only engaged by his signature. He then benefits from the provisions provided for in Articles L. 121-16 and L. 121-19.
Article L121-28
(Law n ° 92-1336 of December 16, 1992 art. 322 Official Journal of December 23, 1992 in force on March 1, 1994)

Any violation of the provisions of Articles L. 121-23, L. 121-24, L. 121-25 and L. 121-26 will be punished by a prison sentence of one year and a fine of 25,000. F or one of these two penalties only.

Article L121-29
 The provisions of Law No. 47-1635 of August 30, 1947 relating to the reorganization of commercial and industrial professions are applicable to people who carry out home sales operations.
The company is civilly responsible for direct sellers, even independent ones, who act on its behalf.
Article L121-30
Violations of the provisions of this section may be noted and prosecuted under the conditions set by articles 45, first and third paragraphs, 46, 47 and 52 of ordinance n ° 86-1243 of 1 December 1986 relating to the freedom of price and competition.
Article L121-31
On the occasion of criminal proceedings brought in application of this section against the seller, the service provider or the direct seller, the customer who has become a civil party is admissible to request before the criminal court a sum equal to the amount of the payments. effected or purchased items, without prejudice to any damages.
Article L121-32
Decrees issued by the Council of State may regulate, as necessary, the modalities of application of this section.
Article L121-33
(Law n ° 94-442 of June 3, 1994 art. 6 Official Journal of June 4, 1994)

It is forbidden to go to the home of a natural person, to his residence or to his place of work to offer the sale, rental or hire-purchase of any documents or materials intended to meet the same needs as the services of services for which canvassing is prohibited because of its object by a particular text.
Any infringement of the provisions of the preceding paragraph entails, in addition to the nullity of the agreement, the application of the sanctions provided for in Article L. 121-28.
Are not covered by the provisions of the preceding paragraphs the material supports of knowledge of foreign or regional languages ​​intended for their free learning, without assistance or pedagogical follow-up, the presentation of which does not refer to a school level, to a teaching activity. , academic success, training, obtaining a diploma or a professional situation. In this case, the reflection period of seven days is extended by an additional period expiring fifteen days after receipt of the product by the customer to return this product for reimbursement. In the event of exercise of this right of return, the material is returned to the seller without charge or compensation other than the cost of reshipment.
The results of the aptitude tests for the use of language methods carried out by the seller or the manufacturer under the supervision of an independent third party must be communicated to the consumer before the conclusion of the contract.

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