What recourse against a merchant?

Today, many daily actions lead us to be in contact with traders, whether for essential shopping, for the purchase of a baguette or for the purchase of a leisure good. Most of the time, everything goes very well but it sometimes happens that a conflict arises for a delivery problem, a hidden defect or a degraded product. Find out how to get by and get redress, without a lawyer.

Mediation, conciliation, justice … how to resolve small daily disputes?

The various possible disputes with a merchant

There are many reasons for recourse against a merchant. Indeed, there are many sources of conflict when one finds oneself in the position of a simple client. Here are some examples of conflicts that can occur.

First of all, you may find yourself faced with a case of counterfeiting, it happens that you have been sold a product presented as branded or renowned but you realize that it is in fact a counterfeit. An uncomfortable action but also dangerous because counterfeiting is prohibited in France.

In addition, it also happens that a problem occurs with the delivery. For online purchases or large products, we often have to go through a delivery phase, yet sometimes the product arrives very late or not at all. A damage that deserves repair is part of the commercial disputes to be taken into account.

Finally, one last thing can happen to you more often than it seems: receiving a broken or defective product. A fact which will impact trade relations and which deserves redress so as not to leave consumers with a bitter taste or create a bad reputation for traders.

If you are facing a dispute with a trader, take action for a second, because usually every day counts. You can find a step-by-step guide in your procedures on a legal assistant website such as Justice Express.

The essential formal notice

To assert your rights and obtain redress, you must first inform the merchant of your complaint, first of all trying to contact customer service. Whether it is an online or in-store merchant, many companies are equipped with a customer service capable of responding to customers, reassuring them and finding a solution to a dispute.

If you cannot reach them effectively or if you do not obtain a satisfactory answer, it is recommended to contact the merchant or his customer service by means of a formal notice. A very formal act that allows you to officially ask a trader to correct an error under penalty of further legal action. You can thus order the merchant to deliver a lost product or a replacement product to you within a certain period of time under penalty of entering the competent court.

To do so, you must quickly send the merchant a letter reminding him of the facts precisely, if necessary with evidence, stating your rights by referring to the legal texts in force. To be more convincing and invocable during a potential additional legal procedure, it is recommended to send your letter by registered mail with acknowledgment of receipt.

A letter which is quite frightening because it must be formal enough to call seriously but also supplemented by legal texts. To help you in drafting standard models exist online but you can also use the services of an online legal assistant such as Justice Express to draft the letter for you but also to send it to the competent person and thus obtain a satisfactory answer.

Legal action against a merchant

If you do not get a satisfactory response within a reasonable time, then you can turn to legal action to resolve your dispute with a merchant. You will then have to seize the court competent to settle disputes between individuals and between traders and individuals, you will then have several solutions to assert your rights. The Judicial Tribunal is the French civil jurisdiction in force since January 1, 2020, it is the result of the merger between the tribunal de grande instance and the tribunal d’instance formerly competent in the territory set up by ordinance n ° 2019 -964 of September 18, 2019.

Thus a judge will come and examine the arguments and evidence of each of the two parties in order to settle the dispute. The presence of a lawyer is not mandatory and you may very well support and plead your case yourself. Note that the formal notice counts as an element of proof and will come to prove the good faith of the customer who will have tried to find an amicable solution before requesting an impartial judgment before the Justice.

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