Online clothing sales follow the same rules as sales in physical stores, with additional protections related to distance selling. The Commercial Code and the Consumer Code precisely outline what the seller can do and what the buyer can demand, including for a discounted item sold online.
Withdrawal on a discounted online purchase: the deadline that changes everything
The most common confusion concerns the right of return. In-store, a seller can refuse to exchange or refund a discounted garment if it is not defective. The mention “no returns, no exchanges” is legal in a physical store.
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Online, the rule is different. The 14-day right of withdrawal applies to any discounted purchase made online, without the consumer needing to provide a reason. This period starts from the receipt of the package, not from the order date. The seller cannot remove or shorten this period on the grounds that the item was discounted.
To find Fashion Clubwear’s fashion advice on this topic, the return procedure remains the same: the seller then has 14 days after receiving the returned product to issue a refund. Return shipping costs may be borne by the buyer, unless the site specifies otherwise in its general sales conditions.
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Legal guarantee on discounted clothing: what the seller cannot exclude
A discounted item benefits from exactly the same legal guarantees as a full-priced item. The legal guarantee of conformity and the guarantee against hidden defects apply without restriction.
Specifically, if a seam comes undone after a few normal uses or if the delivered size does not match the ordered size, the seller must offer an exchange, repair, or refund. The mention “discounted item, no returns or exchanges” displayed on an e-commerce site does not negate these guarantees. It only pertains to change of mind, not defects.
Difference between defect and personal preference
The seller can refuse a return for personal preference (such as a color that is no longer liked) only in a physical store. Online, the right of withdrawal also covers this case within the 14 days. After this period, only a lack of conformity or a hidden defect justifies a claim.
Display of discounted prices online: the seller’s obligations
The crossed-out reference price must correspond to the lowest price charged by the seller in the 30 days preceding the first discount. This rule, stemming from the European Omnibus directive transposed into French law, aims to prevent false promotions through artificial inflation of the initial price.
On a clothing sales site, this means that the crossed-out price displayed next to the discounted price cannot be an old rate from several months ago or a catalog price that was never actually applied.
- The reference price must have been actually charged in the 30 days before the first markdown
- The percentage of discount or the amount of the reduction must be clearly indicated next to the product
- Discounted items must be distinguished from non-discounted items on the site, by visible marking
A site that displays a discount without adhering to these display rules is subject to sanctions from the DGCCRF. A consumer who notices an anomaly can report the practice on the SignalConso platform.
Delivery and fees during online sales
The delivery rules do not change during sales. The seller remains obligated to deliver within the timeframe announced at the time of the order. In the absence of a specified timeframe, delivery must occur no later than 30 days after the order.
If the package does not arrive on time, the buyer can put the seller on notice to deliver within a reasonable timeframe. Without a response, they can cancel the order and obtain a full refund within 14 days.
Damaged package or item not conforming to the order
Receiving a damaged garment during transport or an item different from the one ordered entitles the buyer to a replacement or refund, whether the purchase is discounted or not. The seller is responsible for the product until it is effectively received by the buyer, even if the carrier is at fault.
- Photograph the package and item upon receipt to provide proof
- Contact the customer service of the site as soon as possible, specifying the order number
- If there is no response within 30 days, contact the consumer mediator whose contact details must be included in the site’s general sales conditions
Personal data and commercial solicitations during sales
Sales periods are accompanied by a massive volume of marketing communications via email and notifications. E-commerce platforms must comply with GDPR rules, including during promotional periods. Explicit consent remains necessary for any electronic commercial solicitation.
A buyer who receives unsolicited emails can exercise their right to object at any time. The unsubscribe link must be included in every commercial message. The CNIL has intensified its checks on these practices among e-commerce sites in recent years.
Purchasing a discounted garment online thus combines the protections of consumer law and those of distance selling. The reflex to maintain: check the general sales conditions before placing an order, and keep all order confirmations and any exchanges with customer service as long as the warranty period is running.