Question 23649 — consumption

Summary

Ms. Annaïg Le Meur draws the attention of the Minister of the Economy and Finance to the protection of consumers making purchases at fairs or exhibitions. Article L. 221-18 of the Commercial Code provides that a withdrawal period of fourteen days for the consumer must exist in a contract concluded remotely, or following cold calling or outside the sales establishment. This withdrawal period can be used without have to justify their decision or bear other costs. However, contracts concluded during fairs or exhibitions do not benefit from this right of withdrawal. In return, article L. 224-59 of the Consumer Code requires exhibitors to inform consumers by posting on the stand and on contracts that the withdrawal period does not apply during this type of event. However, consumer associations regularly reveal that a significant proportion of stands do not comply with this legislation. As a result, many consumers commit to purchases only to discover too late that they cannot back out. The consequences are particularly serious when the sums involved are large, such as for the purchase of photovoltaic panels. This choice to exclude fairs and exhibitions from article L. 211-18 of the commercial code will yet contrary to Directive 2011/83 of the European Parliament relating to consumer rights, which considers that contracts concluded at fairs are off-premises contracts if the trader's stand is not the permanent or usual seat of his activity. Also, she asks him if the Government is considering the preparation of a legislative text aimed at improving consumer protection.

Machine translation from French. The official text remains authoritative.

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