Pursuant to art. L. 121-1, “Anyone who carries out doorstep selling, or has doorstep selling carried out by third parties, at the domicile of a natural person, at their residence or at their workplace, even if this is at their request, so as to make them an offer for the purchase or rent of goods or services is subject to the provisions of this section”.
First of all, it must be noticed that the French regulation goes further than the requirements of Article 1 of the Directive and provides that doorstep selling protection also applies when the consumer has demanded to be visited.
Secondly, the Directive mentions “traders” whereas art. L. 121-1 uses the very general term “anyone”. As a consequence, the Criminal Chamber of the Cour de Cassation considers that this provision applies to associations when they offer services subject to payment.
Because of his infringements to the Consumer Code regulation of doorstep selling,
(art. L121-23: cancellation form and
art. L121-26: no payment during the cancellation period of time),
Cornélis was sentenced by the Court to pay a fine of 3.000€.