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Failure of delivery or non-compliant order : Europe regulation

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Failure of delivery or non-compliant order on the Internet ... what is the right attitude to obtain satisfaction?

The very recent creation of a mediation body for Internet litigation strengthens the will already set by the Community Directive of 8 June 2000 on electronic commerce, to privilege out-of-court solutions, since the damage is not too important .

The user has at his disposal a hierarchy of remedies to assert his rights as consumers.

In practice, everything depends on the location of the site on which the user is shopping.

French sites

If the dispute concerns a delay in delivery, most sites now allow to check directly online the status of the order. The buyer has an interest in doing this before contacting the seller.

Customer service

According to the law on confidence in the digital economy of 21 June 2004, merchants must indicate in the offer of sale the details of customer service.

An e-mail contact followed by a telephone conversation can sometimes resolve the dispute amicably, especially if the company is concerned about its brand image.

Registered letter: In the absence of agreement, it is prudent to send the seller a registered letter with acknowledgment of receipt reminding him of the facts at the origin of the dispute and the requested arrangement. In practice, this is the best way to formally notify the seller of his claim through a specific complaint form developed by the European Commission.

Your claim must include:

  • all of your details (name, surname, address, telephone number ...);
  • the reference of the product or service causing the problem (product code, packaging code or barcode, reference of the contract or order form ...);
  • if possible, the date and place of the purchase or performance of the service (canvassing at home, distance selling ...);
  • the problem occurred, by clearly expressing its nature (eg failure to deliver after expiry of the delivery period);
  • the subject of your request (cancellation or performance of the contract, refund, exchange, repair ... try to encrypt your request);
  • if possible, the legal bases of your complaint (code articles, texts ...);
  • vouchers in photocopies (invoice, receipt, estimate ...).

 

Organizations and Associations


Professional organizations, such as FEVAD (Federation of Distance Selling Companies) are responsible for settling disputes between their members and buyers. The list of its members can be found on its website (www.fevad.com).

Consumer associations are now effectively intervening in e-commerce disputes or settling a dispute with a mobile operator or service provider (European Consumer Center).

European Consumer Centers (ECC)

Information centers located near cross-border areas, such as the one located in Kehl (Germany, where the Franco-German association EUROPEAN CONSUMPTION CENTER hosts CEC France and CEC Germany in the same premises, which work in this way. close cooperation), inform European consumers and their internet users of their rights and help them find an extra-judicial solution to their cross-border disputes.

For German Internet users, there is even a service in Kehl entirely devoted to the problems related to electronic commerce, to settle a dispute against a site installed in another European country. The website of the German Contact Point for Electronic Commerce can be found at: http://www.ecommerce-verbindungsstelle.de/

European Consumer Center France

Indigo number 0 820 200 999
(0,09 EUR / min)

By phone: (0049) 7851.991.48.0
By fax: (0049) 7851.991.48.11
By mail: info@cec-zev.eu.eu

By mail: Bahnhofsplatz 3, 77694 Kehl - GERMANY
Website: http://www.europe-consommateurs.eu

Outside Europe Even if the user can claim the application of its national law, the recourse against the foreign sites turns out to be complex and random.

Judicial Remedies
In France

The Internet user who has suffered significant damage can bring against the professional a civil action for liability, for example in case of non-delivery of expensive computer equipment whose price had been paid in full. The seller is considered as the only interlocutor responsible for the good performance of the contract since the law on confidence in the digital economy.

In Europe

The Rome Convention of 19 June 1980 (Article 5) specifies that, in the absence of a choice between the parties, the usual law of the buyer applies if the conclusion of the contract was preceded in that country by an offer of product or services or if the consumer has performed the act

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Nice article and it can help some  customers how to make a claim.

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