France: Are sellers required to inform consumers of their right of withdrawal when selling through social media?

Court of Appeal of Montpellier, 6 March 2025 – Reminder: Consumer protection rules apply to sales made via social networks

The rise of e-commerce has given birth to new consumption models, particularly through social media platforms. This evolution has prompted lawmakers and courts to adapt traditional consumer protection rules to these emerging sales channels.

The judgment delivered by the Montpellier Court of Appeal on 6 March 2025 exemplifies this trend. It confirms that the obligation to provide pre-contractual information — especially regarding the right of withdrawal — also applies to sales carried out via social networks.

A defective furniture purchase via Instagram

In this case, a couple purchased a set of furniture for €3,000 via Instagram from a company named Luna Home SARL. Upon delivery, the products were found to have multiple defects, affecting both appearance and structural integrity. After failing to reach an amicable solution with the seller, the buyers took legal action before the Montpellier Judicial Court, seeking termination of the contract and a full refund.

On 6 February 2023, the lower court held that the defects were minor, refused to terminate the contract, but nonetheless awarded €400 in damages. The buyers appealed, this time raising not only the issue of major non-conformity but also alleging a breach of the seller's pre-contractual duty to inform them of their right of withdrawal.

The Court of Appeal reversed the lower decision: it ordered the termination of the sale, the reimbursement of the purchase price, the recovery of the goods, and awarded €1,000 in damages for the seller’s failure to fulfil their legal obligation to inform.

The key legal issues were the following:

1. Can a sale concluded via social media qualify as a "distance contract" under the French Consumer Code?
2. Does a seller have a legal obligation to inform consumers of their right of withdrawal when the sale is made through social media?

Recognition of distance selling via social networks

Article L.221-1, 2° of the French Consumer Code defines a "distance contract" as one concluded within the framework of an organised system for distance selling or service provision.
The Court observed that "it was never disputed that the order was placed remotely on the seller’s Instagram page and that a right of withdrawal did exist." With this, the Court implicitly confirmed that commercial activity conducted via an Instagram account can fall within this definition — even though the platform is not, by nature, a dedicated e-commerce website.

Pre-contractual information and the right of withdrawal

Under Article L.221-5 of the Consumer Code, professional sellers must provide consumers — before the contract is concluded — with clear information on their right of withdrawal, including its duration, conditions of exercise, and a standard withdrawal form.
The Court found that Luna Home had failed to inform the buyers of this right. This failure was deemed serious, as it deprived the consumers of the possibility to withdraw from the contract within the 14-day period provided under Article L.221-18.

As a result, the Court awarded the buyers €1,000 in damages, recognising the harm caused by the loss of this essential consumer right.

Key takeaway from the ruling

Although this decision was handed down by a Court of Appeal (and not the Cour de cassation), it sends a clear message to professionals using social media for commercial purposes: consumer protection laws apply, regardless of the nature of the platform.

As long as a sale is concluded remotely — without the simultaneous physical presence of the parties — the rules on distance selling apply in full. This includes the seller’s duty to inform consumers of their right of withdrawal. A breach of this duty may give rise to civil liability, as illustrated by the damages awarded in this case.

Further Insight: The Liability of Social Media Platforms in Online Sales

A key legal question is whether the duty to inform consumers lies solely with the seller or could extend to the platforms themselves.

Under French law and EU regulations, this duty is clearly attributed to the seller. Social media platforms, acting as hosts, are not liable for the seller’s failure to comply — unless they are directly involved in the transaction (e.g., integrated checkout, in-app purchases, etc.).
Therefore, even when using Instagram to promote and sell products, sellers remain solely responsible for ensuring that consumers are properly informed about their right of withdrawal before any contract is concluded. Platforms may offer tools to help facilitate this (e.g., links to withdrawal forms or information pages), but they are not legally obligated to do so.

The EU Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services (commonly known as the P2B Regulation) aims to improve transparency in platform-to-business relationships. However, it does not impose any specific duties on platforms regarding consumer withdrawal rights. It does, however, stress the importance of clear commercial terms, including pricing, conditions of sale, and contract management.

Consumer law also prohibits misleading commercial practices, including those conducted via social networks. Article L.121-1 of the French Consumer Code prohibits any practice likely to mislead consumers. A failure to provide the right of withdrawal may, in some cases, be considered deceptive and result in further sanctions.

Special focus: Dropshipping on social media

Dropshipping — where sellers do not hold stock and instead rely on third-party suppliers to fulfil orders — has become increasingly common on platforms like Instagram and TikTok. This business model poses specific compliance challenges, especially in terms of consumer information obligations.

The 2023 Influencer Law (Law No. 2023-451 of 9 June 2023) introduced new rules aimed at regulating online commercial practices, particularly those involving influencers and sellers using social media. It imposes clear obligations on sellers to ensure that consumers are properly informed — including about their right of withdrawal, return policies, and contract terms.

In the case of dropshipping, sellers and influencers promoting such products are now legally required to ensure that all relevant pre-contractual information is communicated before the sale is completed. Failure to do so can trigger seller liability — and, in some situations, platform liability, especially where the platform facilitates or integrates the sale process within its own interface.