distribution law
LexInter | April 28, 2002 | 0 Comments

DISTRIBUTION LAW

Canvassing is governed by article L 121-21 of the consumer code. Canvassing is thus defined

Anyone who canvassing, at the domicile of a natural person, at his residence or at his place of work, even at his request, is subject to the provisions of this section, in order to offer him the purchase, the kind, rental, hire-purchase or rental with option to purchase goods or supplies 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

This text targets the physical presence of the direct seller at the customer’s home or in a place that is not intended for trade. Canvassing can occur in a workplace, except when the proposals have a direct relationship with the activity of the solicited client.

In terms of the Internet, the question of canvassing at a “virtual home” could be asked. The notion of “virtual home” was mentioned, but rejected in the “Brel et Sardou” infringement lawsuit

Remote canvassing

Remote canvassing is governed by article L 121-27. Its provisions refer to the telephone and any similar technique.

Teleshopping

Teleshopping is governed by law n ° 88-21 of January 6, 1988, relating to telepromotion operations with so-called teleshopping sales offers. The provisions appear in article L 121-20 of the Consumer Code. Teleshopping is defined as

programs devoted in whole or in part to the presentation or promotion of objects, products or services offered directly for sale by sound broadcasting and television services authorized under Law No. 86-107 of September 30 1986 on freedom of communication

Withdrawal in distance selling

In domestic law, article L 121-16 of the Consumer Code allows the consumer within seven days of delivery to return the article which is not satisfactory.

This right of withdrawal applies to the sale. Specific provisions apply to distance learning contracts, consumer credit, life insurance contracts, etc.

In European law, Article 13 of the Distance Selling Directive provides that

Member States may adopt more stringent provisions compatible with the Treaty, in the field governed by this Directive, to ensure a higher level of consumer protection.

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