Distance selling to consumers (B2C)
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Distance selling does generally not give the buyer the opportunity to physically examine the goods before purchasing them. They are therefore not in a position to assess their exact quality or consistency.
For this reason, the professional has the obligation towards the consumer to:
- provide certain mandatory information ahead of time;
- provide the goods or services purchased within 30 days of the order;
- grant a right of withdrawal of no less than 14 calendar days without penalty and without giving any reason.
In the event of a dispute, consumers can contact:
- the Luxembourgish Consumer Protection Association (Union luxembourgeoise des consommateurs - ULC), for a dispute in Luxembourg;
- or the European Consumer Centre (ECC Luxembourg) for a cross-border consumer dispute.
Who is concerned
Businesses concerned
The provisions relating to distance selling to consumers apply to all contracts concluded between a professional, regardless of their activity (retail, industrial, craft or liberal profession), and a consumer in the context of distance selling or the provision of services at a distance, i.e. without the simultaneous physical presence of the professional and the consumer when negotiating and concluding the contract.
This may involve contracts entered into:
- by phone;
- by fax;
- by post (Example: via a mail order catalog);
- via internet.
Types of contracts concerned
The following requirements apply to professionals in the context of contracts concluded solely with consumers (B2C) as follows:
- distance selling contracts or contracts for the provision of services at a distance, i.e. contracts for which the order and delivery are executed remotely without the consumer being in physical contact with the professional at any time.
Examples: the supply and hosting of IT installations, provision and updating of software, lawful downloading of images, documents and cultural products (ebooks, music, films, etc.); - distance contracts with physical delivery or service provision.
Examples: online retail websites (clothing, footwear, etc.), online booking services (plane/train tickets, concert tickets, car rental, etc.) with receipt of the goods by the consumer in person.
Types of contracts not concerned
Obligations in respect of distance contracts concluded with consumers do not apply to:
- financial services covered by other specific regulations (banking, credit, insurance, private pensions, etc.);
- contracts concluded with telecom operators through calls made from a public telephone box;
- contracts which must be concluded before a notary (e.g. property transactions, auction sales, etc.);
- contracts pertaining to the construction of new buildings, major works on existing buildings or property rental for residential purposes;
- contracts pertaining to gambling and which involve betting on games of chance (lotteries, casino games, betting-related transactions);
- contracts pertaining to package tours and travel;
- sales through automatic vending machines.
How to proceed
Preliminary information to be provided by the professional
Before entering any contract with the consumer, the professional must clearly indicate:
- the identity, telephone number and address of its business and, if it is not the same, the address of its registered office to which consumers may send complaints;
- the main characteristics of the goods or services;
- the price of the goods or services, including all taxes.
If the price cannot be calculated beforehand, the supplier must indicate the method used to calculate the price in order to enable the consumer to check it; - any additional costs for transportation, delivery or postage that are added to the price.
If such additional costs cannot be calculated beforehand, the professional must indicate that they may be due; - the date on which the professional undertakes to deliver the goods or provide the services;
- the terms of payment, delivery or execution;
- information about the right of withdrawal and, where applicable, if the return shipment costs are to be borne by the consumer if they exercise their right of withdrawal;
- if no right of withdrawal is provided for, the information that the consumer is not entitlted to a right of withdrawal or, where applicable, the circumstances in which consumers lose their right of withdrawal;
- a reference to the existence of a legal guarantee of conformity for the goods;
- information about any after-sales service or after-sales support and existing commercial guarantees;
- the terms of termination of the contract if it is of indefinite term or automatically renewable;
- where applicable, the existence of any deposit or other financial guarantees to be provided by the consumer on request by the professional, and the related terms and conditions.
This information must be provided by the professional in a form adapted to the remote communication method used.
Example: the general terms and conditions can be downloaded from the professional's website.
Professionals who do not respect their obligation of information are liable to a fine.
Contracts concluded by electronic means
If the contract is concluded by electronic means and it requires the consumer to pay, the professional must inform the consumer accordingly in a clear and comprehensible manner, and must do so before the consumer places the order.
Example:
At the time the order is placed, the consumer must explicitly acknowledge that the order involves an obligation to pay. Consequently, the consumer must agree to any explicit statement referring to such an obligation to pay. For example, if the consumer must use a button or a similar function to place an order, the button or this similar function must contain the easily readable wording "order with obligation to pay" or similar wording indicating that the act of placing an order obliges the consumer to pay the professional. The wording must be unambiguous.
Where applicable, at the beginning of the order process at the latest, e-commerce websites must clearly indicate that delivery restrictions apply and which payment methods are accepted.
Contracts concluded by telephone
In cases where the professional contacts the consumer by telephone for the purpose of distance selling, the professional must explicitly state their identity and the commercial purpose of the call at the beginning of the conversation with the consumer.
The professional must also:
- confirm the offer and all information given to the consumer in writing or by using any other durable means when executing the contract, and at the latest when the delivery takes place (unless already provided in writing or on any other durable means before concluding the contract);
- and, above all, indicate the terms and conditions of the right of withdrawal in writing in a clear, comprehensive and unequivocal fashion.
The consumer is only bound by the offer after having signed and accepted it in writing.
In case of a dispute with respect to the existence or content of the information provided, the burden of proof rests with the professional.
Entering a contract
Entering a distance contract
If the consumer decides to enter a contract, the professional must provide them with all of the mandatory information, using a method adapted to the communication method used.
The professional must provide the consumer with a confirmation of the contract concluded on a durable medium (paper, USB stick, etc.) unless they have already transmitted that information on such a medium before the contract was concluded.
The professional must do so within a reasonable period of time and at the latest when the item is delivered or before the service is performed.
If the contract relates to the supply of digital content that was not provided on a material support and that the performance has begun with the consumer's express prior consent, and the consumer has acknowledged loss of their right to withdraw, the professional must also send the consumer these 2 confirmations on a durable medium within a reasonable period of time.
If the contract is entered into by phone, the consumer is only bound by the offer after having signed and accepted it in writing.
Professionals who do not fulfill their obligations are liable to a fine.
The professional is responsible for providing proof of the existence and content of pre-contractual information, confirmation of the contract, compliance with the terms of delivery or terms of performance, and consumer consent. If a clause in the contract states otherwise, it will be considered unfair, and will thus not apply.
In the event that one or more essential information obligations are not fulfilled, only the consumer may invoke the nullity of the contract.
As a general rule, the consumer also has a right to withdraw if they change their mind about entering the contract.
Entering into an off-premises contract
Before concluding the contract, the professional must provide the consumer with all necessary mandatory information on paper or on another durable medium. The information must be legible and have been drafted in clear and comprehensible language.
The professional must provide the consumer with a copy of the signed contract or confirmation of the contract on paper or another durable medium.
The professional must do so within a reasonable period of time and at the latest when the item is delivered or before the service is performed.
If the contract relates to the supply of digital content that was not provided on a material support, performance has begun with the consumer's express prior consent, and the consumer has acknowledged loss of their right to withdraw, the professional must also send the consumer these 2 confirmations on a durable medium within a reasonable period of time.
The professional is responsible for providing proof of the existence and content of pre-contractual information, confirmation of the contract, compliance with the terms of delivery or terms of performance, and consumer consent. If a clause in the contract states otherwise, it will be considered unfair, and will thus not apply.
In the event that one or more essential information obligations are not fulfilled, only the consumer may invoke the nullity of the contract.
As a general rule, the consumer also has a right to withdraw if they change their mind about entering the contract.
Professionals who do not fulfill their obligations are liable to a fine.
Execution and cancellation of the order
Unless otherwise stipulated, the professional must execute the order within 30 days of the day following the consumer placing their order.
If the professional does not deliver the item within the agreed deadline, the consumer may demand that they deliver the item within an additional time limit adapted to the circumstances. This demand can take the form of:
- a registered letter with or without proof of receipt;
- a simple letter;
- an email;
- a notification in person or by phone.
For reasons of proof, it is preferable to submit the demand in writing.
If the professional will still not deliver the item within this additional deadline, the consumer can terminate the contract.
There is no need to send another reminder for the delivery of the item before terminating the contract after having granted an additional deadline, if:
- the professional has refused to deliver the item; or
- the delivery within the agreed delivery period is essential given the circumstances surrounding the conclusion of the contract; or
- the consumer has informed the professional, before entering into the contract, that the delivery on or by a specific date is essential (e.g. a wedding dress).
The consumer must then be reimbursed without undue delay for any costs they may have incurred. If the reimbursement is not made within a period assessed on a case by case basis, interest at the legal rate shall be added to the outstanding amount to be reimbursed.
In the event of a dispute concerning the deadline for carrying out the order, the burden of proof rests with the professional.
Right of withdrawal
For any distance contract, the consumer has a right of withdrawal for a period of no less than 14 working days without penalty and without giving any reason.
If the professional has not informed the consumer about the right of withdrawal, the deadline is increased by 12 months from the end of the original withdrawal deadline (i.e. from the 15th day) and all costs arising from the withdrawal (e.g. the return of the goods, depreciation of the goods) shall be borne by the professional.
Deadlines are valid:
- for services, as from the date of conclusion of the contract;
- for goods, as from the day on which the consumer or a third party appointed by the consumer takes physical possession of the goods.
In the case of ordering multiple goods or batches in a single order to be delivered separately, the consumer may withdraw from the day on which they or a third party take physical delivery of the last item.
Professionals who do not respect their obligations regarding the consumer's right of withdrawal are liable to a fine.
Withdrawal in the case of contracts for the delivery of goods
During the withdrawal period, the consumer can notify the professional (preferably in writing and by registered letter in order to be able to prove compliance with the withdrawal deadline or by using any other durable medium) that they are exercising their right to withdraw.
They must then return the goods at their cost to the supplier within a period of 14 days of such notification.
The professional must then reimburse the amount paid by the consumer (including, if applicable, the delivery charges) using the same payment method as that used in the original transaction. The professional can do this within a period of 14 days from the day after being informed of the consumer's decision to withdraw from the contract.
With effect from the first day following the expiry of this period, the amount due is automatically increased by the legal interest rate in force.
Unless otherwise stipulated, the consumer cannot exercise their right of withdrawal when purchasing:
- goods whose price is dependent on fluctuating financial market rates that the professional cannot control;
- goods specifically manufactured to the consumer's specifications, that are clearly personalised, or which by their nature cannot be returned or are likely to rapidly deteriorate or expire;
- audio or video recordings or computer software that have been downloaded or where the packaging has been opened by the consumer;
- newspapers, periodicalsand magazines (except subscriptions to such publications);
- bets and lotteries;
- goods purchased at a public auction;
- sealed goods that cannot be returned for reasons of health or hygiene protection and that have been unsealed by the consumer after delivery;
- goods which, after having been delivered, and by their nature, are inextricably combined with other items.
Withdrawal in the case of contracts for the provision of services
During the withdrawal period, the consumer can notify the professional (preferably in writing and by registered letter in order to be able to prove compliance with the withdrawal deadline or by using any other durable medium) that they are exercising their right to withdraw.
The professional must in this case reimburse any amount paid by the consumer within 14 days of being notified by the consumer of their decision to withdraw from the contract.
The consumer cannot exercise their right of withdrawa if they have purchased a service provision contract:
- whose execution has begun with the consumer's consent and on condition that the consumer has acknowledged that they will lose their right of withdrawal once the contract has been executed by the professional in full;
- whose price is dependent on fluctuating financial market rates that the professional cannot control;
- for accommodation, transportation of goods, car rental, catering or related to leisure activities, if the contract stipulates a specific date or period of execution;
- for which the consumer has expressly requested that the professional visits them in order to carry out urgent maintenance or repair work.
Withdrawal procedure
To notify the professional that they wish to withdraw from the contract, consumers can:
- either use the withdrawal form template (French, rtf, 100 Kb), which the professional must provide to the consumer;
- or make another declaration clearly stating their decision to withdraw from the contract.
The professional may also give the consumer the option of completing and sending the withdrawal request online using the professional's website.
Provision of goods or services not requested
If the professional provides services to the consumer who did not order such services, the latter is not required to pay for the merchandise or service concerned.
Likewise, a consumer's failure to respond to the delivery or performance does not state their agreement. Clauses on the invoice accompanying the good or service which state something to the effect of 'unless you state otherwise, we consider you to agree with our offer' have no value.
The provision of goods or services that have not been requested should not be confused with the renewal of a tacit agreement.
The professional is responsible for proving that the consumer has ordered the delivery of a good or the provision of a service.
The professional cannot claim any service in return from the consumer, nor to return or to keep the goods, on pain of a fine of up to EUR 120,000.
Disputes
In the event of a dispute, consumers can obtain information and assistance from:
- the Luxemburgish Consumer Protection Association (Union luxembourgeoise des consommateurs - ULC) in the case of a dispute between an end consumer and a professional supplier of goods and/or services (vendors, distributors, entrepreneurs, insurance companies, banks and other service providers) in Luxembourg;
- the European Consumer Centre (ECC Luxembourg) in the case of a cross-border consumer dispute, namely a dispute between a private end consumer and a business located in another Member State of the European Union.
Online services and forms
Who to contact
Luxembourg Consumer Association
-
Luxembourg Consumer Association (ULC)
- Address:
- 55, rue des Bruyères L-1274 Howald Luxembourg
- Phone:
- (+352) 49 60 22 1
- Fax:
- (+352) 49 49 57
- Email address:
- info@ulc.lu
- Website:
- http://www.ulc.lu/
Closed ⋅ Opens at 8.00
- Tuesday:
- 8.00 to 12.00
- Wednesday:
- 8.00 to 12.00
- Thursday:
- 8.00 to 12.00
- Friday:
- 8.00 to 12.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.00 to 12.00
Legal advice: Monday to Friday from 8.00 to 12.00 without appointment / in the afternoon only with appointment
European Consumer Centre
-
European Consumer Centre
- Address:
- 271, route d'Arlon L-1150 Luxembourg Luxembourg
- Phone:
- (+352) 26 84 64 1
- Fax:
- (+352) 26 84 57 61
- Email address:
- info@cecluxembourg.lu
Closed ⋅ Opens at 9.00
- Tuesday:
- 9.00 to 16.00
- Wednesday:
- 9.00 to 13.00
- Thursday:
- 9.00 to 16.00
- Friday:
- 9.00 to 16.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 9.00 to 16.00
Related procedures and links
Procedures
Links
Further information
-
Réforme du droit de la consommation sur le site de la Chambre des métiers
Pdf •
- Site de l'Union luxembourgeoise des consommateurs (ULC)
- European Consumer Centre website
-
Informations précontractuelles à fournir en matière de contrats à distance et hors établissement sur le site de la Chambre des métiers
Pdf •
-
Droit de rétractation dans les contrats ou à distance ou hors établissement sur le site de la Chambre des métiers
Pdf •
