We are used to advise companies active either in the "B to B" or "B to C" market. Consequently, we are able to assist a clientele which activity is consumers-oriented in order to prevent or limit, thanks to appropriate contractual provisions, any litigation risk with non professional customers.
Nowadays, we face an incredible legislative inflation turned to protect the consumers (Hamon law, Macron law...) and the companies must be, more than ever, counselled on all aspects of their business (from the manufacturing of products to the marketing policy) in order to mitigate, to the maximum extent possible, the litigation risk, recently increased by the introduction of "class actions" under French law.
- drafting of all contractual documents to the attention of consumers
- drafting of general conditions of sale "B to C", available from websites and in line with legal requirements (information to the consumer, withdrawal period, deceptive commercial practices...)
- assistance of clientele in terms of personal data protection and drafting of privacy policies
- assistance of clientele within the context of prelitigation / litigation with consumers
- validation of marketing and advertising tools, notably on site ("PLV")
- Selected operations
- assistance of a professional federation in (i) the complete review of its website and "glossary" meant to help its members to know all legal obligations they have towards consumers (updated with Laws Hamon and Macron) and (ii) the drafting of all standard contracts to be used by its members in their relationship with their customers.
- assistance of several companies (from different sectors) in the implementation of a "mediator for consumer disputes" as from January 1, 2016 and advice as regards the related informative legal obligations.
- assistance of several clients belonging to the Retail sector (jewellery, textile): drafting of general conditions on sale online and checking of the order and payment process, in close connection with web developers
- assistance of client in the life-insurance sector to validate its door-step selling policy
- assistance of client in the optical sector blamed by the French Admininistration (DGCCRF) for deceptive advertising
- Related publications
- Interview in the newspaper "Femme Actuelle" (n°1647 of 18 - 24 April 2016) on the recommendations to the attention of the consumer and the obligations lying upon the professionnal while purchasing a custom-made kitchen (see publication)
- The internal Mediator ("médiateur d'entreprise"): further details as per Decree dated 7 Décember 2015 (see publication)
- Alternative resolution in consumer disputes : what are the professionals required to do before January 1st, 2016 (November 2015) (see publication)
- « The Volkswagen scandal »: Reminder of the possible judicial actions in France against any industrial suspected of deceptive practice (see publication)
- The "right to be forgotten" must be implemented by search engines on all relevant domains (September 2015) (see publication)
- Private copying and e-commerce: consumer information as bullwark against disortosions of competition and loss of revenue resulting from the non-payment of private copying levies (see publication)