A direct seller sold a very expensive encyclopedia to your grandmother. You request the cancellation of this sale

 

 

 

A direct seller sold a very expensive encyclopedia to your grandmother. You request the cancellation of this sale

 

A seller has abused the physical, moral or economic weakness of a person close to you, or their ignorance, by making him take out a manifestly inappropriate contract at home. You can request the cancellation of the contract (even if it was signed after door-to-door sales and if the seven-day cooling-off period has been exceeded), by registered letter with acknowledgment of receipt.

 

The abuse of weakness also applies to commitments obtained (article L. 122-9 of the Consumer Code):

 

- following canvassing by telephone or fax;

 

- following an invitation to visit a store;

 

- on the occasion of meetings or excursions organized by a merchant for his benefit

 

- when the contract is signed in places not usually intended for marketing (hotels, for example) or in fairs and exhibitions;

 

- when the contract was signed in an emergency situation which made it impossible for the victim to consult one or more qualified professionals (gas leak, etc.).

 

Dear,

 

On (date), a direct seller from your company made Mr/Mme (name of the abused person) sign an order form for (indicate the product or a contract for ...) for an amount of (...) euros (or on account).

 

(1st case) However, this person was not in a position to appreciate the scope of the commitments that he was making or to detect the tricks and artifices that were deployed to convince him to place this order, and this for the following reasons ( describe the situation of this person and the conditions under which the order was placed).

 

(2nd case) However, this person was subjected to constraints before he signed (describe the constraints undergone by the person).

 

It is therefore an abuse of weakness, sanctioned by article L. 122-8 of the Consumer Code with a five-year prison sentence and / or a fine of 9,000 euros.

 

Consequently, I ask you to cancel the order (or the contract) established in the name of Mr./Mrs (…) and to reimburse him / her the sum of (…) euros that he / she paid you.

 

Otherwise, I will file a complaint with the public prosecutor.

 

Please accept, Madam, Sir, the expression of my best regards.

 

(Signature) 89