Regulated sales

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  • Bonuses, General Terms and Conditions, significant imbalance: securing the commercial relationship

    By Yasmine EDDAM
    4 May 2025
    Commercial relationships are based on a wide range of marketing tools and contractual documents whose regulations are constantly evolving. Between promotional techniques and contractual frameworks, professionals have to navigate a complex legal environment where authorised commercial practices coexist with those that are strictly regulated. From sales with premiums to general terms and conditions of sale, not forgetting significant imbalance, a number of legal provisions now structure relations between professionals and with consumers. Sales with incentives: a regulated practice Definition of an incentive (object, service) An incentive consists of the provision of a product or service other than that covered by the main contract. Once strictly prohibited, sales with a premium are now authorised subject to certain conditions. Article L. 121-19 of the Consumer Code states that this technique is only prohibited if it constitutes an unfair commercial practice within the meaning of article L. 121-1 of the same code. This legislative change is the result of...
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