Article L. 221-28 of the Consumer Code excludes the right of withdrawal concerning “contracts for the provision of services fully executed before the end of the withdrawal period” of 14 days.
Article L.221-25 of the same code governs the hypothesis of partial execution of services: if the consumer wishes that the execution of services begins before the end of the withdrawal period, the law requires the professional to receive an express request for execution from the consumer and to inform him of the existence of possible costs.
The Paris Court of Appeal ruled on the validity of contracts established between a clairvoyance company and a consumer
It was judged that the contracts did not comply with the law in the absence of information on the existence and methods of exercising or not the right to withdraw (Paris Court of Appeal, Pôle 4 – chamber 9, March 16, 2017, n°14/23373).
In this case, in the event of concluding a fixed-rate subscription spread over several months with a clairvoyance company, the law allows the consumer to withdraw, within 14 days, if the service is not fully performed.
The consumer will then be required to pay an amount corresponding to the service provided before exercising the right of withdrawal.
Furthermore, it will be possible to request the cancellation of these subscription contracts, if the consumer has not received sufficient information on the terms of exercising the right of withdrawal.
Report