Online Commerce: The legal obligations essential to sell safely
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Be extremely vigilant in legal matters if you have an online sales site aimed at consumers. Many rules must be respected in order to protect your customers and avoid costly sanctions.
1. Conformity of the information provided
You must provide consumers with all the necessary information about the products: description, price including VAT, delivery times, warranty conditions and return procedures. A lack of transparency or inaccurate information can not only deter customers, but also expose you to sanctions. The Consumer Code imposes mandatory information and any breach can lead to fines and disputes.
2. Respect for the right of withdrawal
Online shoppers have a 14-day right of withdrawal for most products. This means that a customer can cancel their purchase without justification and get a refund. Make sure this policy is clear on your site, as poor management of the right of withdrawal can lead to complaints and sanctions from the DGCCRF. Display detailed instructions on the return procedure and strictly respect this deadline.
3. Security and confidentiality of personal data
When you collect data (addresses, phone numbers, bank details), the GDPR imposes strict security measures. In the event of a data breach, you risk severe financial penalties, not to mention the negative impact on your business reputation. Make sure you get user consent and keep their information secure to avoid costly cyberattacks and trust losses.
4. Management of customer reviews
Customer reviews are essential to build the credibility of your site, but watch out for fake reviews! The law requires reviews to be authentic, and it is illegal to post invented or modified reviews. Any manipulation of customer reviews may result in penalties for deceptive marketing practices. Ensure that your review management practices are transparent.
5. Responsibility for faulty or non-compliant products
As a seller, you are responsible for the conformity of the products delivered. If a product is faulty or does not match the description, the customer is entitled to request a refund or replacement. Make sure your products meet expected quality standards, as returns and disputes can damage your image and affect your cash flow.
6. Transparency of offers and promotions
The rules on prices and online promotions are strict. Any crossed out price indications or promotions must be truthful and verifiable. If you post a discount, it must be justifiable compared to the previous price actually applied. Deceptive practices (such as false discounts or missed delivery times) can lead to legal proceedings. So make sure that your promotions are authentic and based on facts.
Why consult a lawyer to secure your site
The rules governing online commerce change regularly, and it is often complex to comply with all these obligations without the help of a legal professional. A specialized lawyer can help you bring your site into compliance, protect your interests, and build customer trust in your brand. It is a strategic investment that saves you from costly legal risks.
Recently, a private online sales platform was thus condemned by the DGCCRF to a transactional fine of 600,000 euros for misleading commercial practices. The investigation revealed that this site displayed false promotions using inflated reference prices, thus giving the illusion of significant discounts. This method misled consumers, encouraging them to buy products that thought they were getting a good deal.
This sanction highlights the importance for online retailers to provide transparent information and to comply with promotion regulations.
By legally securing your site, you ensure better sustainability and minimize risks that could impact the reputation and profitability of your business.