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  • Writer's pictureEtude Maître Laurent Ries

Misleading advertising - delayed delivery

A delay in the delivery of a good or a service is likely to be qualified as misleading advertising

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The non-availability of a good or a service: the consumer who has on the occasion of his order could be misled or was likely to be misled or see his economic behavior influenced is likely to be the victim of misleading advertising.



Lack of availability of the good or service: The professional is at fault if he:


• promotes a product subject to the purchase of another product at a specified price, and then fails to deliver it within a reasonable time; in this sense also article 213-2 of the consumer code which provides for a maximum period of 30 days beyond which the consumer is authorized to terminate the contract and to request immediate reimbursement (without excessive delay) notwithstanding the reimbursement other costs incurred, in particular defense and legal costs and disbursements where applicable, through legal proceedings if necessary (text of article L.213-2);


• made false declarations about the availability of a product (limited stock or available for a limited period), with the aim of depriving it of sufficient reflection period to make an informed choice or offers products under very low conditions. advantageous and / or in an extremely limited number in advertisements without actually having this stock or having already exhausted this stock (bait advertisement);


The provisions of the law of 23 December 2016 as well as the provisions of the consumer code article L.213-2 (delivery) notwithstanding any criminal qualification as defined by articles 498 and 499 of the criminal code apply.

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