Balances, promotion or reduction, liquidation
Verified 24 June 2022 - Directorate for Legal and Administrative Information (Prime Minister), Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)
Price reduction granted for payment at one time
In addition to the prescribed sales periods, a merchant is free to give promotions or price reductions as a commercial gesture. There are also price reductions when stocks are liquidated.
What applies to you ?
Balances
Sales are periods when merchants reduce the prices of all or part of their stock.
This stock must be held more than 1 month before the beginning of the sales.
Balances apply for professional stores and online sales sites. Balances must be accompanied or preceded by advertising.
FYI
merchants are not obliged to participate in sales, nor to reduce the prices of their entire stock.
The sales take place 2 times a year in summer and winter.
The 2 periods each last 4 weeks.
Please note
it is forbidden to use the word sales outside these periods.
For each product sold, the price before sales and the new reduced price must be clearly shown.
In the store or on the website, the distinction between sold and unsold items must clearly appear (special section on the site, specific color label in the store...).
Where the price reduction announcement is for a single discount rate on certain products (e.g. on a whole department or the same type of product), this discount may be made by cash discount. In this case, the indication of the reduced price is not mandatory.
The trader can only close a stock held and offered for sale for at least 1 month before the beginning of the sales period.
If an item is no longer available, it cannot replenish and sell it at the sale price.
The take-back of a product against exchange or refund is possible in certain cases (e.g. lack of conformity).
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
The merchant is not obliged to accept the exchange or refund of a product.
He may nevertheless exchange or refund on a commercial basis, but he is not obliged to do so.
FYI
there is a withdrawal period of 14 days from the date of receipt of the product for items purchased at a distance, for example on the internet. It is possible during this period to be reimbursed for the item purchased on sale.
In case of non-conformity
The trader is obliged to repair or replace the property.
If these 2 options are impossible, he must refund the product or make a partial refund if the consumer wishes to keep the goods.
FYI
there is a withdrawal period of 14 days from the date of receipt of the product for items purchased at a distance, for example on the internet. It is possible during this period to be reimbursed for the item purchased on sale.
In case of dispute (initial price not displayed, refusal to take over in case of default,...), you can notify the Departmental Directorate of Population Protection (DDPP).
Who shall I contact
Promotion or reduction
Discounts or promotions are commercial offers that do not benefit from a specific framework. The merchant is free to offer them whenever he wishes and for the products he wishes. On the other hand, such commercial offers must not constitute an unfair commercial practice.
It may be a reduction in prices. This reduction may be valid for a very short time with operations of the type flashy sales or private sales.
It can also be a promotion on the offer of type 1 products purchased, 1 offered.
Warning
for food (including pets), promotions are limited to 1 free product for 3 purchased products.
The trader freely determines the duration of these operations. However, they should remain marginal compared to normal sales periods.
If the discount and promotion are valid for a specific period, they must be clearly indicated by the trader. The indication must be included on all media which refer to the period of promotion (flyer, poster or internet advertising).
When the trader announces a discount (online or in-store), he must clearly indicate the previous price, i.e. the lowest price within the last 30 days before the reduction is applied.
If any successive price reductions are applied for a specified period, the trader must display the original price charged before the first price reduction is applied.
Please note
the trader is free to determine how to display the reduction: absolute value (-€10), percentage (-15%), strikethrough price...
On the other hand, this obligation to display the previous price does not apply for reductions in perishable products threatened with rapid deterioration.
Warning
in the event of non-compliance, the trader shall be liable to a penalty of 2 years imprisonment and €300,000 fine for a natural person (sole trader). The penalty shall be increased to €1,500 000 fine for a legal person (business).
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.
The product benefiting from a discount or promotion must be available throughout the period indicated by the trader. If the product is no longer in stock, the trader must replenish his supplies.
However, the trader may limit his offer to a specific number of products. In this case, it must clearly indicate the number of products that will benefit from the offer. For example, with the words "30 computers at -15%".
The take-back of a product against exchange or refund is possible in certain cases (e.g. lack of conformity).
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
The merchant is not obliged to accept the exchange or refund of a product.
He may nevertheless exchange or refund on a commercial basis, but he is not obliged to do so.
FYI
there is a withdrawal period of 14 days from the date of receipt of the product for items purchased at a distance, for example on the internet. During this period, it is possible to be reimbursed for the item purchased on promotion.
In case of non-conformity
The trader is obliged to repair or replace the property. If these 2 options are impossible, he must refund the product or make a partial refund if the consumer wishes to keep the goods.
FYI
there is a withdrawal period of 14 days from the date of receipt of the product for items purchased at a distance, for example on the internet. During this period, it is possible to be reimbursed for the item purchased on promotion.
In case of dispute (initial price not displayed, refusal to take over...), you can notify the Departmental Directorate of Population Protection (DDPP).
Who shall I contact
Liquidation
A sale in liquidation shall be indicated by the trader by the terms total settlement or liquidation before closure.
This type of sale is regulated by law: the trader (a shop or a professional website) must make a prior declaration to the mayor of the municipality of the location of the establishment.
Price reductions may only be applied to products already on sale before the announcement of the liquidation. Products must be listed in the inventory.
The merchant can make this type of sale only in the following cases:
- Permanent or temporary cessation of activity
- Change of activity
- Significant changes in operating conditions (e.g. major renovation resulting in prolonged closure, relocation or transfer of the premises).
A sale in liquidation can start at any time of the year.
But its maximum duration is regulated by law.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
The maximum duration of the sale in liquidation is 2 months.
In the event of a temporary suspension of activity
The maximum duration of the sale in liquidation is 15 days.
For each product at the reduced price, the price before reduction and the new price shall be clearly indicated.
When the price reduction announcement is a single rate of reduction on certain products (for example on a whole department, or the same type of products...), this reduction can be made by cash discount. In this case, the indication of the reduced price is not mandatory.
The merchant must only sell his stock already on sale before the announcement of the liquidation and entered on the inventory. If an item is no longer available, it cannot replenish and sell it at a reduced price.
The take-back of a product against exchange or refund is possible in certain cases (e.g. lack of conformity).
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
The merchant is not obliged to accept the exchange or refund of a product.
He may nevertheless exchange or refund on a commercial basis, but he is not obliged to do so.
In case of non-conformity
The trader is obliged to repair or replace the property. If these 2 options are impossible, he must refund the product or make a partial refund if the consumer wishes to keep the goods.
In case of dispute (initial price not displayed, refusal to take over in case of default...), you can notify the Departmental Directorate of Population Protection (DDPP).
Who shall I contact
Article L112-1
Dates, hours and duration of sales
Prices and conditions of sale
Articles L310-1 (liquidation) and L310-3 (balances)
Articles R310-2 to R310-7 (liquidation)
Liquidation
Simulator
Ministry of Economy
National Institute of Consumer Affairs (INC)
National Institute of Consumer Affairs (INC)
Ministry of Economy