Section 6: Right of withdrawal applicable to distance and off-premises contracts

The consumer has a period of fourteen days in which to exercise his right of withdrawal from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to give any reason for his decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day: 1° Of the conclusion of…

In accordance with Council Regulation No 1182/71/EEC of 3 June 1971 determining the rules applicable to periods, dates and time limits: 1° The day on which the contract is concluded or the day on which the goods are received shall not be counted as part of the period referred to in Article L. 221-18; 2° The time limit begins to run at the start of the first hour of the…

Where the information relating to the right of withdrawal has not been provided to the consumer under the conditions set out in 7° of Article L. 221-5, the withdrawal period is extended by twelve months from the expiry of the initial withdrawal period, determined in accordance with Article L. 221-18. However, where the provision of this information occurs during this extension, the withdrawal period expires at the end of a…

The consumer shall exercise his right of withdrawal by informing the trader of his decision to withdraw by sending, before expiry of the period provided for in Article L. 221-18, the withdrawal form referred to in 7° of article L. 221-5 or any other unambiguous statement expressing his wish to withdraw. The trader may also allow the consumer to fill in and submit the form or declaration provided for in…

The burden of proving that the right of withdrawal has been exercised under the conditions set out in article L. 221-21 weighs on the consumer.

The consumer shall return or restitute the goods to the trader or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw in accordance with Article L. 221-21, unless the trader offers to recover the goods himself. The consumer only bears the direct costs of returning the goods, unless the trader agrees to bear them or has…

Where the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including the cost of delivery, without undue delay and no later than fourteen days from the day on which he is informed of the consumer’s decision to withdraw.

If the consumer wishes performance of a service or contract mentioned in the first paragraph of Article L. 221-4 begins before the end of the withdrawal period provided for in article L. 221-18 and if the contract places the consumer under an obligation to pay, the trader shall obtain the consumer’s express request by any means for contracts concluded at a distance and on paper or on a durable medium…

The consumer who has exercised his right of withdrawal from a contract for the supply of digital content without a physical medium shall not owe any sum if: 1° The trader has not obtained the consumer’s prior express agreement to perform the contract before the end of the withdrawal period and proof that the consumer has acknowledged losing his right of withdrawal after the contract has been fully performed at…

I.-The trader shall refrain from using any content, other than personal data for which he complies with the obligations resulting from Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, which has been provided or created by the consumer when using the digital content or digital service provided by the trader, except where that content: 1° is of no use to the consumer once…