Consumer Law

ARST Avocats acts as a consumer law attorney, primarily assisting businesses and professionals in understanding, implementing and complying with regulations applicable to their relationships with consumers.

Consumer law governs many aspects of business activity: pre-contractual information, general terms and conditions of sale, commercial practices, distance selling and e-commerce, right of withdrawal, guarantees, advertising, contractual relations with consumers and handling of complaints.

Our firm assists companies both in consumer law advice and in drafting their contractual documents, as well as in pre-litigation and consumer litigation.

Consumer law attorney for businesses

The regulations applicable to relations between professionals and consumers are constantly evolving and require companies to secure their business practices and contractual documents.

ARST Avocats assists companies in identifying and deciphering the consumer law applicable to their business.

Our intervention may include, in particular:

• analysis of the regulations applicable to the company's activity;
• identifying the obligations applicable to B2C ;
• consumer information obligations;
• pre-contractual information;
• display and information on prices;
• the marketing methods for products and services;
• the right of withdrawal;
• legal and commercial guarantees;
• commercial and advertising practices;
• distance and off-premises sales;
• e-commerce activities;
• consumer relations and complaints handling;
• consumer mediation.

The objective is to integrate the requirements of the Consumer Code into the company's commercial organization, without dissociating the regulation from the reality of its activity.

The Consumer Code requires, in particular, that professionals provide consumers with a set of information in a clear and understandable manner before the conclusion of the contract. ( Consumer Code on Légifrance)

Compliance with consumer law

Compliance with consumer law must be integrated from the design stage of the commercial offer and not only when a dispute arises.

ARST Avocats thus assists companies in complying with consumer law and in adapting their practices to evolving regulations.

In particular, we can proceed with the review of:

• sales paths;
• commercial offers;
• documents provided to consumers;
• pre-contractual information;
• ordering processes;
• payment terms;
• price information;
• retraction devices;
• guarantees offered to customers;
• complaint procedures;
• commercial and promotional practices.

This intervention makes it possible to identify legal risks upstream and to adapt the processes and documents used by the company.

General terms and conditions of sale and contracts with consumers

Contractualizing relationships with consumers constitutes an important part of our business.

ARST Avocats drafts, analyzes and adapts general terms and conditions of sale to consumers (B2C terms and conditions) as well as the various contracts and documents used by companies in their B2C commercial relationships.

Our services include, in particular:

• drafting and updating B2C terms and conditions ;
• drafting sales or service contracts intended for consumers;
• the integration of pre-contractual information obligations;
• the organization of ordering and payment procedures;
• the framework for the conditions of delivery or performance of services;
• clauses relating to the right of withdrawal;
• clauses relating to guarantees;
• the terms of termination;
• the complaints procedures;
• information relating to consumer mediation;
• identifying and preventing the risk of unfair terms.

This practice is directly part of our broader expertise in contract law and allows us to articulate the specific rules of consumer law with the general principles of contract law.

INTERNAL LINK TO BE CREATED:
“contract law” → your Expertise page dedicated to contract law.

Pre-contractual information obligations include, in particular, the essential characteristics of the goods or services, their price, delivery times, certain information relating to the professional, guarantees, and the possibility of resorting to a consumer mediator. ( Article L. 111-1 of the French Consumer Code, available on Légifrance)

E-commerce, distance selling and B2C relationships

Companies that sell their products or services on the internet are subject to specific rules regarding consumer law and e-commerce.

ARST Avocats assists companies in legally securing their e-commerce sites, platforms and online sales processes.

Our services include, in particular:

• the terms and conditions of e-commerce sites ;
• the information that must be provided before the order;
• the online contract conclusion process;
• the payment terms;
• delivery times and methods;
• the right of withdrawal;
• legal guarantees;
• the terms of termination;
• consumer complaints;
• the information obligations specific to distance selling.

For distance selling, the Consumer Code imposes specific obligations and notably provides, in the situations to which it applies, a fourteen-day right of withdrawal. ( DGCCRF fact sheet on B2C e-commerce)

This activity can also be associated with our expertise in digital law when the project concerns a website, a platform, an application or a digital service.

INTERNAL LINK TO BE CREATED:
“digital law” → the Expertise page “Digital Law, IT Contracts and GDPR” which we have just reworked.

Business practices, advertising and consumer information

Companies must also ensure compliance in the practices used to promote and market their products or services.

ARST Avocats assists professionals in analyzing their commercial and advertising practices with regard to consumer law.

Our intervention may include, in particular:

• information provided to consumers;
• commercial and advertising presentations;
• promotions and commercial offers;
• price information;
• deceptive business practices;
• aggressive business practices;
• More generally, compliance with the rules governing commercial practices aimed at consumers.

The Consumer Code prohibits unfair commercial practices and distinguishes, in particular, between misleading and aggressive commercial practices. Article L. 121-1 of the Consumer Code on Légifrance

DGCCRF control and consumer law

Compliance with applicable consumer regulations may also lead the company to have to respond to requests or observations from the administration.

ARST Avocats can assist professionals facing an inspection or request from the DGCCRF, in particular to analyze the practices or documents concerned, assess the observations made and prepare the company's responses.

This intervention makes it possible to combine knowledge of the regulations with a concrete analysis of the company's business practices and the resulting risks.

EXTERNAL LINK TO BE CREATED:
"Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF)" → official DGCCRF website

Pre-litigation and disputes in consumer law

ARST Avocats also intervenes in pre-litigation matters in consumer law, when a dispute arises between a company and a consumer.

The firm's intervention may include, in particular:

• analysis of the consumer complaint;
• the assessment of the rights and obligations of the parties;
• the response to a formal notice;
• disputes relating to the performance of a contract;
• requests for reimbursement or compensation;
• the difficulties related to exercising the right of withdrawal;
• disputes relating to warranties;
• disputes relating to contractual clauses;
• negotiating an amicable solution.

When possible and in the client's best interests, we prioritize resolving the dispute in a way that avoids the development of litigation.

Consumer law disputes

When an amicable solution cannot be found, ARST Avocats intervenes in consumer law litigation.

We primarily assist companies and professionals in proceedings opposing them to their clients or relating to the application of consumer regulations.

The firm can also intervene, depending on the nature of the case, alongside consumers facing a dispute requiring particular expertise in contract law or consumer law.

Our intervention may include, in particular:

• the interpretation or execution of a contract;
• unfair terms ;
• the professional's information obligations;
• disputed business practices;
• the exercise of the right of withdrawal;
• the guarantees;
• the professional's responsibility;
• requests for reimbursement or compensation.

Our consumer litigation benefits more broadly from thefirm's experience in business litigation and contract law.

Consumer law and comprehensive business support

Consumer law is not an isolated regulation for businesses. It is intertwined with contract law, commercial law, digital law, personal data protection, and litigation.

Marketing a product or service to a consumer may therefore require simultaneously organizing contractual conditions, pre-contractual information, ordering procedures, data protection, commercial practices and complaint procedures.

Our approach therefore consists of integrating consumer law into the overall legal environment of the company.

As aconsumer law firm, ARST Avocats assists professionals in understanding regulations, bringing their practices and contracts into compliance, anticipating risks and defending their interests when a dispute arises.