Buying from an online marketplace: What to pay attention to?

More and more e-commerce businesses host independent sellers from different countries on their sites, earning a commission with each sale. They thus become “marketplaces”. What are the possible consequences for your purchase? What to look for before making a purchase? Our responses to your questions in our FAQ below.

The French online shopping website operates as an online marketplace, as a platform that hosts other independent sellers. These sellers can be based in other countries, whether it be Europe or outside the European Union.

The European Digital Services Act (DSA) requires from all European online marketplaces or marketplaces directing their activities towards European consumers to identify any professional seller or service provider before hosting their ads.

Before validating your order on a major e-commerce retailer’s website, check the seller’s name, nationality, and contact information. He or she can be completely foreign from the retailer. If the information is incomplete and the reviews are negative, it is better to move on to a different seller.

Yes, thanks to these platforms, more and more sellers located outside of the European Union have access to French customers. Beware of the customs duties that can apply if the merchandise comes from a third country. Also look out for possible counterfeits.

The marketplace (sales platform) is, most often, just an intermediary between the consumer and the seller. The sales contract is concluded directly between them. The marketplace cannot be held responsible for the poor execution of a contract  (not delivered, defective product, etc.).In the event of a complaint concerning the sales contract, you shouldgenerally contact the seller and not the platform. This may prove to be more complicated when the seller lives outside the EU. Certain marketplaces, however, offer guarantees or intermediation services in the event of a problem.

If you are buying on an online marketplace from a professional situated in a European Union country, you benefit in certain cases from a 14-day withdrawal period. This right allows you to cancel your order and send back the items without having to justify yourself. You also benefit from a legal guarantee of conformity of at least 2 years  after delivery. This allows you, in the event of defective products, to request from the seller the repair or replacement of the good. If these two options are impossible, you can request a reimbursement of the purchase price.

When buying from a seller located in, for example, the United States or in Asia on a French marketplace, you generally have the same rights as if you were buying from a seller in France. By directing his or her activities towards French consumers, this seller must respect French consumer law. This applies even if the seller is situated outside the EU. And French consumer law itself largely originates from European regulations and directives. But even if the rights are the same, their enforcement may prove to be much more complicated. How to compel a seller on abroad to reimburse you after you exercised your cooling-off right? How to force him or her to apply the legal guarantee?