Balances: rules to follow

Verified 24 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The sales period is a commercial transaction that is popular with both consumers and traders. If the balances allow them to sell their stock quickly, the professionals must nevertheless respect a specific regulation.

Sale: what is it?

The sales period is a business transaction in which traders reduce their price on all or part of their stock in order to accelerate the disposal thereof.

Balances must be accompanied or preceded by publicity (ex: poster on the shop window, targeted advertising on social networks, e-mailing campaign...). Such advertising must include the starting date of the sales and the nature of the products sold.

Please note

The sales regulations apply to "physical" stores as well as professional e-commerce sites.

What's the difference with promotions?

Both sales and promotions consist of one price reduction on all or part of the stock. However, these commercial operations are subject to a different regulation.

Tableau - Differences between sales and promotions

Balances

Promotions

Schedule

Regulated: 2 legal periods of 4 weeks (winter and summer) with start and end dates fixed by decree

Free: at any time during the year, as long as they remain occasional and short-lived

Advertising

Statement on products that they are "sales"

Prohibition of the use of the term "balances".

Examples of permitted names: "private sales", "black friday"

Customers

Application to all customers

Application to all or only part of the clientele (without being discriminatory)

Examples: loyalty card holders, newsletter recipients, students, etc.

Inventory management

Prohibition of replenishment during this period

Possibility of replenishment throughout the promotion

Resale at loss

Authorized

Prohibited, with exceptions

The sales take place 2 times per year in winter and summer. The duration of each period of sales shall be 4 weeks :

  • The winter sales start on second wednesday of january at 8 a.m. This date is brought forward to the first Wednesday of January when the second Wednesday occurs after the 12th of the month.
  • The summer sales start on last wednesday of june at 8 a.m. This date is brought forward to the penultimate Wednesday of June when the last Wednesday occurs after the 28th of the month.

FYI  

In 2024, summer sales take place from wednesday, june 26 to tuesday, july 23.

Dates apply for all of France, excluding certain departments and authorities for which start dates differ.

For e-commerce, sales are aligned with national dates traditional trade, regardless of where the company has its headquarters.

Warning  

Outside the official sales periods, the use of the word " balance(s) or its derivatives is forbidden. Unlawful use of these terms is punishable by a fine of €15,000 for individual entrepreneurs and €75,000 for businesses.

Merchant can only sell products offered for sale for at least 1 month before the beginning of the sales period. If an item is no longer available, the merchant cannot replenish to sell it at the sale price.

Balances are for new and used goods.

Moreover, the trader has the possibility of selling all its stock or only part of it of its products. He is also free not to participate in the sales.

Warning  

Carrying out balances on goods held since then less than 1 month shall be punished by a fine of €15,000 for individual entrepreneurs and €75,000 for businesses.

During sales, the trader must comply with the standard rules onprice display and specific rules that apply only during this business transaction.

For each finished product, the trader must show both:

  • The reduced price product. It is also customary to mention the percentage of the discount granted on the finished product.
  • The reference price of the product, i.e. the price charged for at least 30 days before the beginning of the sales. However, in the case of successive price reductions (e.g. in case of 2e in sales), the reference price is that applied before the application of the first price reduction.

Professionals are advised to keep a proof of reference price (note, voucher, receipt, etc.) in case of control of the DGCCRF: titleContent or consumer protest.

Warning  

Artificially inflating the benchmark price before sales can be a deceptive marketing practice punished by 2 years imprisonment and €300,000 fines (for individual contractors) or €1,500 000 (for businesses).

The trader must distinguish clearly in the eyes of the customer items on sale and items on sale for example, by means of color labels in his shop or a special section on his website.

It can also indicate products that are not sold by displaying, for example, a sign “ new collection ”.

The trader may dispense with the labeling of all products sold if he decides to single rate of reduction by department, by product category or for the entire store, clearly displayed.

Whether the product is sold or not, the trader is not obliged to accept the exchange or refund of a product purchased in a “physical” store. However, it may grant an exchange or a refund on a commercial basis.

On the other hand, for any purchase concluded at a distance (e-commerce), the consumer benefits from a 14-day right of withdrawal allowing him to cancel his order. In case of cancelation of the order, the trader is obliged to refund the customer.

Please note

You can consult the e-commerce rules (e-commerce) on our dedicated page.

Closed products also benefit from same guarantees than other products. Thus, they must be repaired, exchanged, or refunded in the event of lack of conformity or non-apparent manufacturing defect (hidden defect).