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Commercial Practices in France
Victim of an Internet scam?
Report it to the French authorities' scam line on www.internet-signalement.gouv.fr
or phone 0811 02 02 17 for help. Both are handled by a special section of the
police. NOTE: This is not for ordinary consumer disputes that should be handled
by a consumer association or the consumer authority, but for clear or suspected
cases of fraud. See the link page for
those. Neither is this for complaints about spam.
Check that a web trader is not bankrupt before buying
Any trader in any country can go bankrupt. This can be a receivership where the
purpose is to help the business continue trading or a liquidation where the shop
will be closed and debt written off. It happens that even well-known traders go
bankrupt, leaving customers who have paid without getting the goods they paid
for, and with no possibility of getting the goods or obtaining a refund. Google
the business name together with first "redressement" or "redressement
judiciaire" and then "liquidation" or "liquidation
judiciaire" to avoid these businesses. A business in receivership may
try to lower prices to attract more customers and to appear at the top on sites
comparing prices on several sites.
Overcharged telephone numbers
Overcharged telephone numbers are more and more common in France. A large
number of businesses and public offices use such telephone numbers to boost their revenues by
making people pay for calling them. Watch out for numbers beginning with
"08". Some may be free, some cheap, others expensive. Whoever you use
as operator for your fixed telephone line, these calls are always invoiced by
France Telecom - unless you have signed up for one of the operators that
take over your physical connection too or if you use VoIP (phone via Internet). The price may be higher from mobile phones, and none are them
are free if dialed on a mobile. Here is the
whole list. Further information on the Telecoms regulator ARCEP's
site.
| Numbers beginning with | Cost in
€ |
| 0800, 00800, 0804, 0805, 08088, 0809, 3000, 3144, 3655 | 0 |
| 0810, 0811 | 0.078
per call, then 0.028 per minute (day) or 0.014 per minute (night) |
| 0820, 0821 | 0.112 for
the first 56 seconds, then 0.118 per minute |
| 0825, 0826 | 0.112 for
the first 45 seconds, then 0.15 per minute |
|
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| 089064, 089070 | 0.118
per step of 60 seconds |
| 089071 | 0.15 per
minute, in steps of 45 seconds |
| 0891 | 0.225 per
minute, in steps of 30 seconds |
| 0892 | 0.337 per
minute, in steps of 20 seconds |
| 0897 | 0.562 per call |
| 0899 | 0.1349 per
call, then 0.337 per minute |
| 118 | Prefix for
directory enquiries. Price varies with operator. |
You can sometimes find a company's geographical phone number by looking the
company up on business reference sites like www.cofacerating.fr.
Internet service providers are obliged to provide hotline support through a non-overcharged
number after years of abuse finally prompted the government to legislate. The
same applies for after-sales support for companies selling goods online. But
don't expect them to tell you these numbers automatically. You may well have to
go searching yourself on their web sites.
Restaurants
See our page "Streetwise Travel
in France"
Selling you something so that you don't even notice it
Selling you something in such a way that you don't notice that you've bought
anything is not uncommon. Particular problems sectors are telecommunications,
especially mobile, and cable and satellite TV. Something that is presented as a
free welcome gift may turn out to be an additional subscription that you have to
cancel if you don't want to be charged extra. But you may also find that what
you thought was a signature to approve etching the vehicle identification number
on your car windows made you sign up for an insurance as well. Even authorised
dealers of a prestigious German car brand are known to have let car buyers into this
trap.
It is a common problem that unscrupulous agents for even major Internet and
telephone companies collect names, addresses, phone numbers and signatures for
some bogus purpose and then subscribe them to another operator without their
knowledge or approval. The phenomenon is called slamming in good French. This typically happens at exhibitions, supermarkets and
other places with lots of people, but there are also reports that people have
been cold called by Internet and phone companies who proposed their services,
and regardless of the prospective client's refusal to take up the service, the
cold calling company has taken over the line of the victim. The victims only find out when they are disconnected
from their current operator or start getting bills from the new operator. Some
Internet/phone companies have opened freephone hotlines to deal with this
problem. You are obviously not bound by the new operator, and don't hesitate to
get it sorted out. It is estimated that up to 500,000 people a year may be
victims to this. Avoid giving out personal details to someone in the street you
don't know, even if they pretend being charity. It's easy to make some bogus
charity id card. If you want to help the cause presented, then ask for
documentation so you can verify the charity later, but avoid giving any personal
details on the spot. These people could be anybody from burglars noting down
those wearing expensive clothes or jewels, to ordinary crooks.
Telephone marketing
Telephone marketing can be very aggressive in France. In the vast majority of
cases, my best advice is to hang up very quickly. You can de that politely, of
course : Cela ne m'intéresse pas ; je vais alors terminer la conversation.
Bonne journée. Au revoir Monsieur (or Madame). (I am not interested; I am
thus going the end the conversation. Have a nice day. Good bye).
As an expat, you have the convenient solution of speaking English to them
even if you may speak French. That will throw them off course.
In most cases, you can't verify if the caller is who he or she pretends to
be. It happens that agents for Internet/phone services call and pretend to be
France Telecom to make you sign up for for they want and give them your bank
account number. The fraud authority is aware of these companies and bring them
to justice when they can. You can ask them to send you their offer by post, but
never give them bank or credit card information. The best is not to give them
any information at all, even your address. These companies may insist that they
can only send you the offer if they get a bank account number. All you have to
do is hang up - if they don't hang up themselves when they realise they are not
getting anywhere with you. This is based on real experience.
Always be vigilant about Internet companies, as many people get their lines
subscribed to the new provider and the old provider disconnected without ever
having signed anything (known as "slamming"). You can get it sorted
out but it causes you a lot of trouble. This is why it is not a good idea to
confirm even your address on the phone.
If you are self-employed and appear in the yellow pages, you will get a lot
of junk calls. Companies regularly call and ask if I am aware of the latest
campaign to inform about the latest tax regulations. They want to make
appointments with you so they can make you sign up for something. They make you
think it is some sort of official or government sponsored information campaign,
whereas it's pure marketing. Just hang them up - politely if you prefer.
"We refund the difference if you find the same product cheaper
elsewhere"
Many shops advertise to refund the price difference if you've bought
something and then found it cheaper elsewhere, but they ask you to bring a quote
from the shop with the lower price in order to refund you. If the other shop
refuses, then they may not refund you. I don't see what should motivate a shop
to write such a quote. That means that the guarantee can be a bit of a gimmick.
Another trick they may use to avoid paying up is to claim that their model of
super-xyz is a later version than the super-xyz sold at Farty, that they are
therefore not comparable, and that they therefore don't have to refund you,
unless you can demonstrate that they are the same versions. In other words, the
shop where you didn't buy it has to write up a small novel.
Not honouring warranties
I bought a new Toyota in Belgium. Firstly, because Belgian list prices were
lower than in France, secondly because the Belgian dealer outright offered 10%
on the list prices, thirdly because the model I wanted was not in the French
catalogue and could not be ordered. It came with 3 years' manufacturer's
warranty and a further 2 years' warranty provided by Toyota Belgium/Luxembourg,
the latter valid only for repairs done in Belgium or Luxembourg. The manufacturer's
warranty is by law valid throughout the EU. After 2 years and 9 months, the car
developed gearbox problems that I reported to the Toyota dealer in Avignon. They
concluded the car needed warranty repair. I got worksheets for each time they
saw the car. Throughout the last month of the warranty, I asked them when the
warranty repair could be done, and all I was told was not to worry. After the
end of the 3 years, I was told there was no more manufacturer's warranty and
Toyota France confirmed that in writing. Someone at Toyota Avignon and someone
else at Toyota France quite
obviously both wanted to teach me a lesson about buying cars outside France. After
complaining to Toyota in Japan, they just referred to Toyota France, and Toyota
France didn't want to know a thing about warranty. I could sue Toyota France
and/or Toyota Avignon but I have little energy for it. Toyota Avignon did try to
repair the gearbox after a few months, claiming to have paid the parts out of
their own pocket as Toyota France refused, but the repair only lasted a couple
of months before the problem returned and became worse. I could get it repaired under the 5-year
warranty in Luxembourg or Belgium but it would be quite costly to drive the car
there, for me to travel back to Avignon, travel back to collect the car and
drive it back. I have been phoning down Toyota Avignon, Toyota France, Toyota
assistance, Toyota Belgium but nobody wants to help getting the repair done.
Finally, the Toyota dealer in Belgium who sold me the car told me to send a
formal notice by registered letter to Toyota France, ordering them to get the
car fixed, with copy to Toyota Motor Europe in Brussels and copy to the Belgian
dealer. He also told me that Toyota France's rejection letter is a standard
letter they send out to customers who have bought their cars abroad, and that
his Belgian dealership near the French border is inundated with warranty repair
for cars he has sold for registration in France because the French Toyota
dealers and Toyota French illegally refuse to honour the warranties. "They
don't want to work", he said. The lesson is to make sure that your French dealer reports warranty incidents in
time and document it to you, particularly if the car was not bought in France. I
will not claim that such problems are limited to Toyota. It seems to me to be
French "customer service" mentality and that would be independent on
the make of the car.
Making it difficult to cancel contracts
French companies love their customers so much that they hate to see them leaving. In fact, they hate it
so much that you may find that you can only give notice once a year and/or that
the notice period is 2-3 months. While you can usually change a service to more
expensive options during the year, changing to a cheaper option could be as
difficult as giving notice. Some insurance companies use the tactics of
notifying you about the increased premiums for next year when it's too late to
give notice. This is at the limit of legality and can only be done for certain
types of insurance. A recent law obliges companies to remind you in writing
about the annual deadline for cancellation, and if they don't do it, you can
cancel at any time.
Ignoring your requests
The quality of customer service varies enormously from one shop or provider
to another. It is not uncommon that an employee who receives your written
request for something, such as for example a medical reimbursement, will simply
ignore it if he believes it can't be done, if he believes - whether correctly or
not - that your request is in error, or if you made a mistake. In such a case,
he will not notify you, and it is up to you to follow up on your requests and
contact them again. It may also happen that they don't confirm that your request
was fulfilled, such as for example the cancellation of a standing order, in
which case you'll have to phone them to find out whether or not it has been
done. In general, I recommend keeping one file where you note all outstanding
requests and their dates.
"Forgetting" to refund balance in your favour
When you cancel a contract and respect the terms of the contract, then you may
already have prepaid too much, so that the final invoice shows a balance in your
favour. Some companies like for example SFR/Neuf hope that you just forget
about it. If you remind them, they confirm they are going to refund and then
they still don't do it, hoping you'll forget about it now. That is the only conclusion I can draw after having cancelled a
contract in June. In December, I was still waiting for the refund. It took two
letters before they responded - with a request that I send them my account
number (which they already knew because they took payment by direct debit) so
they could refund the money on my account, adding that this would take 4-6
weeks. After cancelling a second contract with them, the history of non-refund
repeated itself so I can only conclude that it is a systematic attempt to cheat
customers of their refunds.
"Forgetting" to refund deposits
Watch out that deposits are refunded when you cancel a contract that involved an
initial deposit. Once I moved, the water company "forgot" to account
for the initial deposit on the final invoice and only sent an additional credit
invoice when I requested it. Keep a simple file on your computer and make a note
whenever you pay a deposit.
Making you think you buy a local quality product but selling you a
cheap import
There are many lovely open-air markets in Provence, where you will find herbs,
lavender, local olive oil at reasonable prices, and many other local products
with an inbuilt atmosphere of Provence. Unfortunately, while you may think you
are living out your dream of Provence, reality is sometimes slightly different.
The French consumer magazine Que Choisir, issue 427, June 2005, revealed that 11
out of 14 olive oils sold on such markets were from Spain. In a single case, an
analysis revealed that the declaration on the bottle was false. Of course, there
is nothing wrong with Spanish olive oil, but it is not from Provence, and you
may not get the quality you thought. Genuine products from Provence simply do
not come cheap, one of the reasons being the high cost of labour in France. Read
the labels and don't forget that you rarely get more than what you pay for.
Not calculating pro-rata on cancellation
When cancelling a contract, watch out that periodical subscription fees and
similar are properly adjusted on a pro-rata basis. For example, the above
mentioned water company charged a flat fee for having access to water twice a
year, each covering six months. I lived in the house 2 years and 1.5 months.
When I checked the final invoice, they had charged me for 2 years and 6 months.
As they explained, they simply charged the fee to whoever lived at the address
on the date the fee was due. If that is true, then you could equally benefit
from this odd - or should I say French - way of calculating fees.
"1 litre + 10 cl free"
French supermarkets are bursting with free goods. Amazing how they can make
money out of selling free goods, isn't it? Buy something and get something in
addition for free has become a new type of marketing. Of course, you can't just
take the free part and walk away with that. But it's still a promotion that
makes you save money. Or is it? Keep your calculator at hand if you want to be
sure to save money. It sometimes happens that the unit price per litre or weight
is higher for the something-for-free product than the same product without any
"free" part. That's of course illegal, but it's for you to be aware
and ask staff to correct the price. Another problem with these promotions is if
for example a pack of 6 x 1.5 litre water bottles bears the mark "1 litre
free" and the shop sells them by the bottle instead of using a price for
the pack. In such a case, a supermarket had priced the bottles 0.50 € each,
and at the checkout they counted 6 bottles at 0.50 €. Their excuse that it
had been calculated into the price doesn't hold unless it's sold by the pack.
They must deduct the cost of 1 litre. Certain shoppers don't bother about these
details. Others on a tighter budget and with time on hand may want to watch the
cents.
"Shock price!"
Or prix choc in French. Seen on a bundle with 3 packs of chocolate
biscuits in Auchan Avignon, stacked up for volume sales. However, the shock
was not that the price for the bundled pack was very low but that it was more
expensive to buy one bundle with 3 packs than 3 individual packs of the same
product of the same weight. Similar example from the same supermarket where it
was cheaper to peel off the plastic holding 6 bottles of Perrier together and
buy them individually than to buy the bundled pack. Illegal? No. They didn't say the bundled price was
lower, just that the price was a shock. In such cases, they sometimes place the
big stack of overpriced, bundled products far from the individual products on the shelf so it is
more difficult to compare the price. The French consumer association UFC
- Que Choisir has investigated this subject and found it to be common in all
supermarkets (article Grandes surfaces - Promos bidons par lots entiers
dated 24 June 2008). The only solution is to be vigilant.
What you see is not what you pay
In same Auchan Avignon, a detergent was stacked up and large signs mentioned a
low price. Next to it, there was a just as large stack of the same detergent
bundled with a softener. But the large sign only mentioned one price, and it
was not obvious to figure out if it applied to both products or just the
single detergent. I finally asked, and I was shown a small price label near
the bottom of the crate holding the bundled products, very discreetly placed.
If you are in a hurry, you probably just read the big sign with the wrong
price, believing it applies to the bundled product, and you don't notice when
it's another price coming out when you pay. These price differences do matter
if your budget is limited.
Another example from Auchan Avignon is a sign showing 2 bottles of soft
drink at a promotional price according to their catalogue. But when you pay,
it's the full price. Explanation: There were some bundled packs with the low
price, but they have already been sold. Left are the single bottles of which
you can take two, but the sign doesn't say that the promotion is only for the
bundled products.
A third example from the same supermarket: A large pile of pasta and a large
promotion sign for pasta. Just not the pasta that the promotion applies to but
some other, obviously more expensive brand.
Some shops use the tactic of putting one type of article on promotion,
putting up a large sign with a low price, and then - very close to the first
products - placing products so similar - same brand, same packaging, same
description, all matching the description on the promotion sign - that the
customers don't notice the difference, except if they check the price on the
back of the packaging. It is not a mistake, because if you ask, they refuse to
sell at the lower price shown. The shopkeepers know very well that customers
will quickly mix the two types of products, and some will eventually end up
buying what they thought were discounted products at a higher price. This has
been seen in Galerie Lafayette in the 2008 January sales in the menswear
department - and reported to the Direction Générale da la Concurrence,
Consommation et Répression des Fraudes (DGCCRF), the authority that
monitors that sort of price games.
The price shown on an item is
not what they put on your bill. It is most common for quickly changing items
like fruit and vegetables and promotions. "reduction" -
"promotion" -
"buy one - get one free" - "sales" - etc. all mean you should
verify your bill. In particular, some supermarkets leave promotion price tags
on the shelves several days after the promotions have expired but
charge you the full price - that may not even be displayed on the shelf. Many supermarkets have bar code readers where you can check
the price of an item before paying. If it doesn't match the price displayed, and
the bar code on the item is the same as the bar code under the price displayed,
go to the accueil to ask them to have the correct price applied. They are
legally obliged to sell the item for the price displayed, but you may have to
insist and ask to speak to a manager before they give in. If you take the
trouble to verify this, you will find out that it is not uncommon.
Luring you into the shop with catalogue promotions that are sold out
Supermarkets regularly distribute catalogues with promotions to lure you into
the shop. The promotions are valid during a particular period written in the
catalogue. But when you get there, the discounted products you wanted are
already sold. Shops have been fined for this, and according to the law, it
must be possible to order the product if sold out during the period shown in
the catalogue.
Small packaging cheaper per kg than large
Large "ECO" packaging more expensive per kg than small units
Consumers have been taught that the price per kg is cheaper if one buys a large packaging
than a small. Supermarkets more and more abuse that presumption to make large
packaging more expensive per kg than small packaging. Examples: Canned tuna,
toothpaste, chocolate, cereals, mayonnaise. Even large packaging labelled
"ECO" may be more expensive per kg than the smaller packs.
"75 cent instant reduction at the checkout"
That's another typical promotion type. Very simple. Cash in hand. Except that
the checkout staff often forgets to peel off the reduction sticker and credit it
to your bill, so you either lose the reduction or have to go back to the
supermarket - spending fuel for 2 € to get a reduction of 75 cent. If you
care about these reductions, you may want to keep the items concerned apart in
your trolley so you don't forget the stickers.
"1 € refunded"
In other types of promotion, you have to post a letter with the bar code, the
ticket with the reduced item and its price encircled, your name, address and
bank account number and perhaps other documentation in order to obtain your
refund a couple of months later - sometimes a complete refund of a product. In
most cases, it is refunded directly to your bank account. It's often later than
the limit they say. They often refund the 48 cents it cost to send the letter,
but you must ask for it. If you care about these reductions, read the
instructions very carefully. If you don't want to send the whole supermarket
ticket, ask for a ticket for just that item at the checkout. You may need the
ticket in case of problems with another item.
25% reduction
If a sign says 25% reduction on certain items, then watch out if the reduction
has already been applied to the prices shown or not. If it has been deducted
already, then the label should say so, but it is not always the case, as I
once noticed in an Office Depot.
Attracting you with crab and then selling you crap
Certain traders make you come back by selling you quality produce the first
couple of times you buy from them but from then on selling you second class
produce, hoping you won't notice the difference. Either you give them a chance
by telling them that you did notice the difference, or you find another trader.
After getting sole leather sold as beef from a local butcher in Châteaurenard
in Provence and nearly breaking our knives on it, we dumped him.
At the post office
It could appear that staff at the post offices are instructed to suggest the
most expensive product to ignorant customers. The best defence is to examine
products and prices before going. www.laposte.fr
is the post office site.
It has been a problem that post office staff ask you what's in a letter if
they believe it is not paper. What they want is to force you to pay for a more
expensive packet rate if there is merchandise in the letter. The easy solution is
to say there is paper or a book in the letter, even if it's not true. The regulator
ARCEP has decided that while the post office can suggest more expensive packet
products, they cannot refuse posting of non-paper items in letters, so long as
the size, shape and weight corresponds to a letter.
Forcing you to buy the most expensive product is not limited to
physical post offices. If you print your own stamps online on montimbrenligne.laposte.fr,
the system won't let you choose economy rates. It uses priority rates without
asking you, whether inland or international. In most cases, letters are not
urgent, so economy rate is sufficient. In such cases, this system is useless.
The post office removed the economy rate for inland packets a couple of
years ago, leaving only the more expensive Colissimo rate that
"guarantees" delivery (or at least presentation) in 48 hours (the
second postal day after posting, provided that you post it before the time
shown at the post office) and that can be traced online. The trouble is that
the 48-hour delivery is often not respected. When that is the case, you are
entitled to a voucher for a free packet of the same weight. The voucher is
valid 6 months.
HOW TO:
Send a letter to
ColiPoste
Service Clients
RECLAMATION
BP 7500
88107 ST DIE CEDEX
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Don't put postage on the envelope but just write "POSTE" where
the stamp usually is.
Within the envelope, put a copy of the posting slip, a printout of the online
trace from www.laposte.fr/colissimo
showing the delivery or first presentation date, and be sure to write your
name and address clearly, and that it is a "Réclamation avec demande
d'indemnisation". They can take between 2 and 8 weeks to respond. If the
compensation packet is again delivered late, you can ask for compensation
again and thus keep sending free packets. The compensation voucher is valid
for any weight range. Exceptions: In special
circumstances, the post may prolong the guaranteed delivery time, for example
during summer when lorries are not allowed on motorways during the weekend
because of holiday traffic. Check signs at the post office before complaining.
The customer is always wrong
If something you buy has a defect that you couldn't know about when you
bought it, then the shop is liable to repair or refund you, and without any
limitation in time. Shopkeepers obviously aren't too keen about this part of the
code civil, and if they can't repair it, they may try to convince you
that because you have used the item, then they can't take it back. That is not a
valid argument. Others may try to pass the buck and blame on the importer or the
manufacturer, well knowing that it is always the retailer that is liable to the
client; no one else. Finally, they may accuse you of having used the item in a
way you shouldn't have done. Others again will say that there is no warranty on
that type of goods. The first thing to do is always to be courteous and friendly
and explain the problem from your side. Asking for the manager would be the next
step. Asking for his manager again a third step it the first manager doesn't
solve it. I once had to argue 30 minutes with 2 managers at IKEA before they
would refund 45 € for a broken sun shade that was only 2 months old. Making
a fuss in front of other clients who are waiting is a good tactics. The
shopkeeper will be afraid that they lose their patience and leave without buying
anything. You may also want just to make such a nuisance of yourself that they
will be happy to pay just to make you leave. However, that is not always a good
idea, and it often won't work. If the shop is part of a network, it may help to
write to the managing director of the headquarters as I had to do with
MERCEDES-BENZ. Try to find his name on their corporate website. If you've bought
what you consider a quality brand and the retailer cannot fix it, then it may
help to write to the manufacturer of the item, because they have an interest in
guarding their quality image. That's what I had to do when DARTY had sent the
same repairman around 5 times without being able to fix a new MIELE dishwasher.
Ironically, Darty's slogan is: le contrat de confiance. Another way of
trying is to call for sympathy or pity. This should not be done so openly that
it looks like something you make up. Try to look and sound tired, weak,
exhausted, sad or whatever feeling is appropriate. Don't overdo it. You can also
ask if they would be willing to make an exception in just your case by doing a
small gesture (un petit geste commercial), while assuring them that now
you know how to avoid that problem in the future.
Conclusion
Be vigilant. Check and double check. No one else does it for you.
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