Ecommerce does not meet this latter condition

Chevignon, Calvin Klein or Nike sold on the Internet from 30 to 70 cheaper than in-store: the possibility to buy products of prestigious seduced more low-priced brands and Internet users. Médiamétrie/NetRatings survey published by the Federation of enterprises of sale remotely (Fevad) last may, sites such as sale-privacy, Achatvip or Surinvitation are among the most popular. More than 50 sites today seized the concept, with a diversification of products. If the ready-to-wear remains largely head of sales, or tourist stays high-tech products are now available in clearance.

New economic model in full expansion uses the sponsorship to recruit clients: "In our company, each"sponsor"receives 5 euros to recommend a"Godson"." The system maintains the sense of belonging to a community of privileged members. "It works", welcomes Olivier Le Floch, President of Achatvip. But the concept of private club open to a happy few minority does not necessarily correspond to reality: "the end of private sale is wasted." "Between discount sales open to all and once removed from storage event sales, the border is fine," said Nicolas Charles, Director of CDiscount, which opened last June a site of sale Privacy for its customers. "Some sites are also in sale of the lots purchased directly from brokers without the agreement of the holder of the mark." "These commercial practices can subject to legal proceedings for fraudulent use of the mark," said Olivier Le Floch. Legal proceedings are underway.

In this context, how to legally define the concept of private sale online Is regime on promotions applicable And the elapsed stock can be characterized as end of series In the current state, the legal and economic model suffers from a certain vagueness manifested by a lack of transparency on price and delivery times. "In the absence of a specific regime, private Internet sales are a distance selling under the Code of consumption." The provisions concerning the information of the purchaser, the time of withdrawal of seven days and the delivery of the order are therefore applicable, said Thibault Verbiest, lawyer in Paris and Brussels for the law firm Ulys. The problem is that the economic model has perpetuated the permanent promotion event. However, contrary to the rules on promotions and balances, the buyer does not have today's benchmark to assess the amount of the discount.

The Bill for consumers could change the equation. The text amends the scheme of the balances on the Internet and redefines the concept of end of series by three criteria: the reduction of the price, the accelerated flow of goods and information of the client on the discounts in the store. E-commerce does not meet this latter condition.

Time to clarify

"In the current state of the text, if a sale of the end of series is organized on the Net, it will not be able to warn the customer by an advertising banner or a letter of information", says Thibault Verbiest. These measures may limit the creativity of marketing services and more generally the use of the concept of end of series. But the question will no doubt still the object of many parliamentary debates.

On another level, they are delivery times which are shown on the finger by consumers. Of the consumer Code fixed at 30 days maximum delivery time. Or the contract with the client does generally not precise date. According to a survey of the "Journal du Net" packages are on average three weeks to arrive. "Must be between five and ten days to retrieve the goods and about seven days to logistics services for preparing the package and send it to the client." "Thus, 90 of orders are delivered within 17 days", argued Olivier Le Floch. The recipe to reduce delivery times "It must store the goods on-site before you put it on sale and contract a firm and definitive commitment with the holder of the mark," says Nicolas Charles. Too common practice of the conditional purchase from the supplier reduces the delivery process. "The routing of commands assumes a true know-how and very important logistics, it is a job which improvises not," concluded Nicolas Charles.

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