Be careful when shopping at a Christmas market! An exception to the Consumer Code deprives you of a very important right, thus exposing you to unpleasant surprises.
The end of year holidays are fast approaching, and with them, the desire to please family and friends. And to find gifts that are out of the ordinary, Christmas markets are the perfect places. With their warm atmosphere and their profusion of artisanal products, these markets are a good way to get off the beaten track of department stores or online businesses.
However, you must remain vigilant and keep a cool head when shopping at a Christmas market, because as magical as they are, these places do not offer the same guarantees as those to which we are accustomed today on the Internet. And in particular, purchases made on a market do not benefit from one of the most interesting advantages of online commerce: the right of withdrawal.
As a reminder, the right of withdrawal is a protection provided for in the articles L221-18 to L221-28 of the Consumer Codewhich applies “contracts concluded remotely and off-premises”. Concretely, it allows any consumer to request the cancellation of a sale concluded on the Internet, by telephone or from a catalog by post, and to obtain a full refund.
In these cases, the buyer can exercise his right of withdrawal within 14 days following signature of the contract (for services) or delivery of the goods. And above all, he has no justification to provide to motivate his choice. The seller is then obliged to cancel the contract and reimburse the consumer in full, including delivery costs, within 14 days of receipt of their request.
The exercise of this right is also very simple, since the seller is obliged to provide the buyer with a standard withdrawal form, in accordance with the decree no. 2022-424 of March 25, 2022when concluding the contract, which simply needs to be sent by email or post. Concerning return costs, they are legally the responsibility of the buyer, but in fact most (large) online merchants offer them.
However, several products and services are excluded from the right of withdrawal, even if they are purchased online or remotely. For example, custom-made or highly personalized artisanal goods, perishable foodstuffs, underwear with opened packaging, or even digital purchases or subscriptions for films, serious films, books or games. The full list of exceptions is available here.
Coming back to the Christmas markets, although these are off-premises sales, these commercial spaces are part of the scope of exceptions to the right of withdrawal. Thus, the seller is not obliged to take back his products and reimburse you if you change your mind after the sale. On the other hand, in application of article L224-59 of the Consumer Code, it must inform you of the absence of the right of withdrawal, verbally or by a written indication, such as a sign.
In reality, however, it is not common for traders and exhibitors at fairs and markets to correctly inform consumers of their rights. So it’s better to think twice and avoid impulsive purchases when you’re walking with your family among the colorful and fragrant stalls at your favorite Christmas market.