If the different distance selling channels are known to consumers and make it easier for them to shop, most often, distributors are not aware of the rules applicable to this type of transactions. At Cosmed’s regulatory congress held in Paris on June 8, 2017, Sylvie Gallage-Alwis, lawyer at the Court of Paris, provided an overview of the regulatory frameworks as regards these practices.
As the online sale trend is growing exponentially (17% per year), and there are no less than 117,500 e-commerce sites in France, it is important to make selling rules clear for everyone, including the cosmetics industry.
Distance selling
Definition
Sylvie Gallage-Alwis explained that ‘under Article L222-1 of the French Consumer Code, distance selling is a contract between a supplier and a consumer under an organized distance sales scheme, without the simultaneous physical presence of the two parties, through the exclusive use of one or more means of distance communication.’
Distance selling takes several different forms: teleshopping, mail-order selling, e-commerce, or phone marketing. Whatever it is, the sales channel should be a legal, organized system which makes regulated products available to consumers.
Legal framework
Although the seller is subject to the regulations applicable in the country in which the sales medium is registered, the consumer’s rights actually fall into the scope of the country they are from. Sylvie Gallage-Alwis explained that ‘a supplier is responsible for their general terms and conditions, website content, and potential selling contract. They will usually provide for the law applicable and the Court they wish to go to in case of a problem. Nevertheless, it does not work …
