Terms and Conditions in French E-commerce: What German Companies Must Keep in Mind
- Marie-Avril Roux Steinkühler
- Apr 14
- 7 min read
German companies offering products or services online in France encounter consumer contract law that, while based on the same European framework (the Consumer Rights Directive[1]) as German law, is noticeably more formalized and highly structured in its details. This becomes apparent even in seemingly minor doctrinal differences: For instance, under French law, the online retailer is typically regarded as the party making the contractual offer, while the consumer accepts this offer by placing an order. This concept differs from the German model, where the consumer’s order is generally understood as an offer and the shipping confirmation as acceptance. This difference exemplifies how familiar mechanisms are conceived differently in French law. In practical implementation, the French approach is particularly evident in the breadth and strictness of pre-contractual information obligations, as well as in clear formal requirements for online providers. The competent French authority[2] consistently monitors and enforces these requirements. Unlike in Germany, where violations are frequently pursued under civil law by competitors or consumer associations, enforcement in France is carried out to a greater extent administratively by the competent authorities; in addition, consumers and recognized associations (“associations de défense des consommateurs agréés”) may take legal action.
The key requirements that German providers should be aware of when drafting their French terms and conditions are the general information obligations (I), details regarding performance and delivery (II), mandatory information on warranties (III), the handling of complaints and mandatory consumer mediation (IV), as well as the extensive identity and company details (V).
I. The Central Role of Information Obligations
The French pre-contractual information obligation is set forth in Articles L. 111-1 through L. 111-8 of the Code de la consommation (French Consumer Code). These provisions go beyond the minimum requirements of the Consumer Rights Directive. For example, unlike Germany, France has not implemented the option provided for in Article 5(3) of the Directive to create exceptions for minor everyday transactions. Rather, the information obligations apply to every consumer contract, regardless of the value or nature of the service[3]. These obligations can be divided into six categories of information:
§ the essential characteristics of the goods or services,
§ the price,
§ the delivery period,
§ the identity and contact details of the business,
§ the statutory and, where applicable, commercial guarantees, and
§ access to consumer mediation.
Businesses must provide all information in a manner that is “lisible et compréhensible” (legible and understandable)[4]. Unclear, scattered, or merely implicit information is insufficient. Added to this is a distribution of the burden of proof that often comes as a surprise to German providers: The business must prove that it has actually provided all the required information[5]. The information obligations are not only relevant for transparency prior to the conclusion of the contract. This is because if individual details are missing, statutory default provisions apply, which supplement the content of the contract.[6].
Also noteworthy for German lawyers is the French practice of drawing a fluid line between mere information and a more extensive “obligation de conseil” (duty to advise). Courts regularly affirm this duty when characteristics or risks of the product are essential to the purchase decision and the business operator, based on their expertise, could have recognized that the consumer required special guidance.
The courts also interpret the duty to disclose the “caractéristiques essentielles” (essential characteristics) broadly. The decisive factor is which characteristics are relevant to the decision of the average consumer. In this context, it is not exclusively technical or objectively measurable characteristics that are decisive. For example, the material properties of a sofa were classified as essential characteristics, and their omission from the description constitutes a breach of duty [7]. The same applies to the technical installation requirements for a built-in kitchen. Insufficient information regarding compatibility with the spatial conditions was deemed a violation of the duty to inform in this case[8]. Even risks associated with the use of a building material have been classified as essential product characteristics that the business must explicitly disclose[9].
For online retailers, this means that when drafting their French terms and conditions, product descriptions must not only be complete but also proactive. A company must carefully consider what information consumers contracting with it typically expect. This is because the pre-contractual duty to provide information is interpreted in France—as demonstrated—both more strictly and more broadly than under German law.
II. Mandatory Information Regarding Performance and Delivery
France requires precise information regarding when and under what conditions a product will be delivered or a service provided even before the contract is concluded[10]. General statements in terms and conditions such as “Delivery usually within …” or “Estimated delivery time: …” cannot therefore be used in France. Rather, French review of general terms and conditions deems the use of merely indicative delivery periods to constitute a presumptively unfair term[11]. If the business operator does not specify a delivery date at all, the statutory 30-day delivery period automatically applies[12].
If this period is exceeded, the consumer is entitled to claims for subsequent performance and—as a rule, after setting a deadline—also has the option to withdraw[13]. There are no differences here from German law.
III. The Duty to Inform Regarding Statutory and Commercial Warranties
Unlike Germany, France requires comprehensive information regarding statutory and commercial warranties to be provided prior to the conclusion of the consumer contract[14].
The seller must therefore provide clear and separate information on the following prior to the conclusion of the contract:
§ Garantie légale de conformité (statutory guarantee of conformity), governed by Art. L. 217-4 et seq. of the Code de la consommation; corresponds in German law to the rights regarding defects in a sale (Sections 433, 434, 437 BGB; for the sale of consumer goods, additionally Sections 474 et seq. BGB),
§ Garantie des vices cachés (warranty for hidden defects), governed by Art. 1641 et seq. Code civil; also comparable to liability for material defects under §§ 434, 437 BGB and
§ commercial warranty (commercial / voluntary manufacturer’s warranty), regardless of whether it originates from the seller or the manufacturer; corresponds to § 443 BGB.
The business operator is obligated to ensure double clarity in this regard: Not only must the types of warranties be clearly distinguished, but the consumer must also be clearly and verifiably informed about their contents, conditions, and how to assert them. However, even many French companies struggle with the implementation of this obligation[15], which is why it should certainly not be treated lightly when drafting legally compliant terms and conditions for the French market.
IV. The French Distinctive Feature of Consumer Mediation
A fundamental difference in the French conception of consumer protection law is the mandatory mediation system. In France, every business must designate a mediator, provide the contact details of this mediator prior to the conclusion of the contract, and ensure access to mediation free of charge[16].
This obligation goes beyond German law. In Germany, there is merely a duty to inform whether a business participates in mediation; there is no obligation to participate. For international providers, the French requirement is thus one of the most common compliance errors. Failure to provide the mediator information may result in regulatory action.
IV. Mandatory Information Regarding the Merchant’s Identity
Finally, French law[17] requires merchants in online commerce to provide more detailed information than German law. A non-exhaustive list of information that merchants must provide in France:
Ø Full company name or legal form,
Ø Full address of the business location,
Ø Phone number and email address,
Ø registration number (Commercial Register / Répertoire des métiers),
Ø VAT identification number, if applicable,
Ø supervisory authority or chamber, if applicable, for regulated professions,
Ø liability insurance, if applicable
Ø and – specific to France – information regarding the “hébergeur du site,” i.e., the technical hosting provider.
This information must be accessible prior to the conclusion of the contract, i.e., in the legal notice or clearly visible within the Terms and Conditions.
IV. Conclusion: French Terms and Conditions Require Precision and Genuine Compliance
Entering the French e-commerce market demands far more from German companies than a mere translation of their existing Terms and Conditions. While French regulations are based on the same EU legal foundations as German law, they apply these in a significantly more formalistic, detailed, and rigorously enforced manner. Anyone selling in France must therefore adapt to a consumer protection system that does not view information obligations as mere formalities, but as a central component of the contract formation process, with a stricter burden of proof and more broadly interpreted terms. For German providers, this means one thing above all: the design of their terms and conditions and website must be fully adapted to French requirements. This includes precise details regarding delivery and performance, a clear and separate presentation of all legal and commercial guarantees, comprehensive identity and company information, as well as the mandatory designation of a mediator. Errors or omissions in these areas are not only consistently penalized in France but also pose a significant competitive risk.
However, those who take these particularities seriously, rigorously structure their information architecture, and consistently meet the French formal requirements can operate on the French market with legal certainty and success. Investing in carefully tailored terms and conditions is therefore not only a legal necessity but also an essential building block for both sustainable compliance and a professional image vis-à-vis French consumers.
Our law firm MARS-IP would be happy to advise you on these matters at contact@mars-ip.eu.
[2] DGCCRF, Direction générale de la concurrence, de la consommation et de la répression des fraudes
[3] C. Aubert de Vincelles, in: La mise en conformité du code de la consommation au droit européen par la loi n° 2014-344 du 17 mars 2014 relative à la consommation (frei übersetzt: Die Anpassung des Verbrauchergesetzbuches an das europäische Recht durch das Gesetz Nr. 2014-344 vom 17. März 2014 über den Verbraucherschutz), RDC 2014, S. 456
[6] So tritt etwa bei fehlender Angabe eines Liefertermins automatisch der gesetzliche Dreißig-Tage-Lieferrahmen gemäß Art. L. 216-1 Abs. 3 Code de la consommation als subsidiäre Erfüllungsfrist in Kraft
[15] So stellte die französische Gewerbeaufsicht 2016 fest, dass 35 % der überprüften Unternehmen diese Pflicht nicht erfüllen, vgl. http://proxy-pubminefi.diffusion.finances.gouv.fr/pub/document/18/21374.pdf , abgerufen am 28.11.2025
[16] Artikel L. 111-1 Abs. 1 Nr. 6 Code de la consommation, Artikel L. 612-1 Code de la consommation
[17] Insbesondere Artikel R. 111-1 ff. Code de la consommation und Art. 1-1 der Loi n° 2004-575 du 21 juin 2004 pour la confiance dans l'économie numérique (Gesetz über das Vertrauen in der digitalen Wirtschaft)
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