What are your rights in the event of a non-compliant purchase or fraud?
Authentifier.com gives you the keys to a successful purchase!
Compliance and authenticity of purchases
An item is said to be non-compliant when it does not correspond to the description given and the qualities described by the seller, or when it does not have the qualities that a buyer can legitimately expect from such a product (article L.211 -5 of the Consumer Code).
The question is simple, the answer is quite complex, you will read everything and its opposite.
Since the 1920s, several hundred thousand branded items have been put on the market. As a result, some luxury brands have a heritage department which works to reconstitute all of the collections. The work is colossal!
Therefore, we recommend that you get help, preferably from someone not interested in the sale of your item, in order to have the most objective opinion possible, and you can always try to obtain a second opinion.
No, it is strongly discouraged to do so. The penalties can be very heavy!
There are several ways available to you:
– The authentifier.com site can provide you with certificates of non-compliance following an expertise of a product.
– You can contact the company operating the brand of the product that has been counterfeited. This can be of great help and guide you in the procedure to follow.
– Some brands provide direct access on their site to a section dedicated to counterfeits, allowing products to be authenticated and fraud to be denounced.
You are holding a counterfeit item, which is illegal. Depending on the conditions under which you became its owner, the consequences can be serious.
Yes, of course, but in order for it to be accepted and not be dismissed, it is imperative that you apply the recommendations below.
In addition, do not hesitate to ask the seller for more information by email (by checking the option to acknowledge receipt of the email sent) with questions such as:
- Does he have an invoice for the item?
- Where did he buy the item?
- Ask him to provide you with photos of the object from different angles.
- Specify in this e-mail that under no circumstances do you want to buy a counterfeit item.
Dear Madam, Dear Sir,
I plan to buy your item X (description, ad reference, etc.). The authenticity of this article is for me its essential quality. In case of purchase on my part, if it were revealed to me later that this quality was lacking, I would consider myself the victim of an error on the substance within the meaning of article 1110 of the Civil Code.
Good for you
It goes without saying that only the public prosecutor's offices in France are authorized to classify your complaint without follow-up or not.
Depending on your damage, we recommend that you contact a lawyer in your place of residence who is best qualified to provide you with advice on the matter. If necessary, we will send you the contact details of the chairman from whom you can obtain the list or the hotlines of free consultations organised.
Transportation / Delivery
What recourse do I have when I notice that I have received an item that does not comply with the order placed or is defective?
– Recourse against the deliverer
If the product is defective on delivery and you still agree to receive it, it is imperative to mention the defects on the delivery note. It will be necessary to indicate precisely what are the degradations and the lacks.
If you have not been able to do so, you should send a letter with acknowledgment of receipt within three days to the delivery company.
– Recourse against the professional seller
In the event that none of the steps mentioned above have been respected, you will no longer be able to exercise recourse against the delivery person but you can always request an exchange from the seller. Indeed, the legal guarantee of conformity allows you to demand the replacement of the product or its repair (article L.211-9 of the Consumer Code).
Similarly, if after opening the package, you realize that the items ordered are not compliant or are defective, you can demand their replacement on the basis of the legal guarantee of conformity. Repair and exchange costs are the responsibility of the seller (article L.211-11 of the Consumer Code).
The legal guarantee of conformity can be invoked during the two years from the delivery of the goods. But it is in your best interest to act within the first six months, because the defect found is then presumed to exist on the day of delivery. Beyond that, it will be up to you to prove it.
If you find that some or all of the parts of your order have not been delivered to you, the legal guarantee of conformity allows you to demand a reshipment.
According to the law, all repair and exchange costs are the responsibility of the professional (article L.211-11 of the consumer code). If the product you purchased is unavailable, you must be notified and eligible for a refund within 30 days of your payment.
No, reservations should be written on the delivery note only if, after checking the condition of the package and its contents, you find that the product in question is degraded or incomplete.
If you have no reservations to make at the time of delivery, you can always do so within three days of the delivery date, by registered letter with acknowledgment of receipt addressed to the carrier.
When receiving an order, care must always be taken to check the condition of the package and its contents, even if the delivery person refuses this check.
Above all, do not let yourself be influenced by a delivery person who claims to be in a hurry. Mentions of the type “subject to unpacking” have no legal value. If the order presents anomalies, you can refuse its delivery or annotate the delivery note which you must sign. If you have not been able to do this, a letter with acknowledgment of receipt should be sent within three days of delivery to the delivery company.
Deadline and withdrawal
In the context of distance selling between two individuals, the provisions of the Consumer Code do not apply. Thus, you do not have the withdrawal period of 7 clear days from receipt of the article (article L.121-20 of the Consumer Code).
On some online sales sites, there are professional sellers marked as such. The protective regulation of consumer law aims to protect consumers against professional sellers and not consumers against other consumers.
In principle, no.
The law does not provide for a withdrawal period for the consumer in the event of a purchase in a store.
You cannot demand anything from the seller since the deed of sale is said to be firm and definitive, which does not however prevent certain shops from offering a longer period to their customers. You need to inquire before purchasing.
There is no standard letter since you do not need to justify your withdrawal in the event of a purchase from a professional, a simple request for cancellation of the sale is sufficient. However, you can use the following template:
Following the purchase of (specify the object purchased) on (specify the date of the order), in accordance with the law, I wish to use my seven-day withdrawal period and have the sale canceled.
Consequently, I kindly ask you to refund my order corresponding to the sum of (specify in euros).
Pending your response, please accept, Madam, Sir, the assurance of my consideration.
A distinction must be made between distance selling and in-store sales. For distance selling, the Consumer Code establishes a legal period of 7 clear days.
If he withdraws, the buyer is not required to give reasons or pay penalties (subject to any return costs). The seller can quite offer a longer period to his customers (exchanged or refunded within 30 days for example).
In stores, there is no withdrawal period, unless the seller agrees to offer one to his customers.
In the case of online sales, the professional seller is legally bound to reimburse the buyer if the request is made before the expiry of the period of 7 days following receipt of the order.
After expiry of this period and for cases of direct sale in store, you should reach an amicable agreement with the seller.
Otherwise, it is always possible to take legal action. But to win your case, you need a good reason: to demonstrate that the product sold does not correspond to the description promised by the seller, that there has been an "error on the substance" (article 1110 of the Civil Code) or else demonstrate that there is a latent defect (article 1642 of the Civil Code).
If you used PayPal as a payment method, all you have to do is create a dispute as provided for in PayPal's T&Cs as part of buyer protection, if you believe you have been the victim of a counterfeit purchase.