General shop: what are the operator's obligations and responsibilities?

Entrusting your goods to a general shop is more than just renting space. It creates a specific legal relationship, with reciprocal rights and obligations between the depositor and the operator. It is a unique structure in commercial law, distinct, for example, from the collective shop for independent retailers. You have the right to expect a certain level of service and security for your property. But what exactly can you expect from the operator? What rights do they have, particularly in terms of obtaining payment for their services? And above all, what happens if something goes wrong - loss, damage, error? The operator is not simply a passive custodian; the law imposes strict duties on him, but also recognises his prerogatives. They can be held liable, but there are limits and conditions to which it is essential to be aware. This article sets out the basic obligations of the operator, the rights granted to him and the scope of his liability towards you, the depositor or security holder. For an overview of the system, our essential guide is available.

The operator's fundamental obligations

The special status of general shops, which are private companies but operate under public authorisation and control, justifies imposing a set of obligations on them to protect users.

• Equal treatment : This is a key principle. The operator must offer its services to all potential applicants under identical conditions, without favouritism. Article L. 522-18 of the French Commercial Code insists on the collection of fees "indiscriminately and without any favour". This rule is justified by the fact that authorisation may limit natural competition. However, there are practical limits to this principle: the operator may refuse to accept goods which, because of their condition or nature, could be harmful to the other goods stored (article R. 522-13 al. 3) or if the shop specialises in certain types of product. Lack of available space is also a legitimate reason for refusal.
• Publication of rules and tariffs : To ensure transparency, the operator must display in a visible place in its offices accessible to the public the order and decree governing it, its specific regulations and its tariffs (article L. 522-13). Any changes must also be posted. This gives you precise details of the contractual terms and conditions and the applicable costs.
• Compulsory fire insurance : This is an essential guarantee. Article L. 522-16 of the French Commercial Code requires the operator to insure goods likely to be warranted against the risk of fire, through its general policies. This insurance directly benefits depositors and security holders, whose rights are transferred to the indemnity in the event of a claim. The operator must even obtain from its insurers that they waive all recourse against depositors (article R. 522-15). Mention of the insurance (or its temporary suspension for goods under marine insurance in ports) must appear on the receipt-warrant (article R. 522-20).
• The duty to preserve : This is the core of the stockist's business. The operator must ensure that the goods entrusted to him are properly preserved. The Civil Code (articles 1927 and 1928) lays down the basis for this obligation, which is assessed more severely in the case of a paid professional stockholder such as a general shop operator. Case law tends to consider that this is an obligation of result: in the event of damage or loss, the operator is presumed to be at fault. It is then up to the operator to prove that the problem stems from an external cause in order to be exonerated (we will come back to this in the section on liability).
• Enabling the substitution of goods : If the warehouse receipt contains a specific clause allowing this (introduced by the legislation for greater flexibility, article L. 522-24), the depositor may replace the goods initially deposited with others of the same nature, type and quality. The operator must agree to this operation and has a duty to check that this triple identity is respected.
• The obligation to make restitution : At the end of the deposit period, the operator must return the goods. This return can only be made to the rightful person, i.e. the person who presents the required documents: either the initial depositor with the receipt and warrant together, or an endorser of the double document, or the bearer of the receipt alone who has deposited the amount of the debt guaranteed by the warrant.
• The duty to inform : The operator must be able to provide, at any time, a statement of the preferential charges (storage, customs, conservation, etc.) that are levied on the goods. This information is essential for security holders considering selling or pledging the goods.
• Respect for professional secrecy : The operator and his staff are bound by professional secrecy with regard to all information concerning goods deposited and transactions carried out (article 226-13 of the French Penal Code). This secrecy protects the confidentiality of your business but cannot be invoked against legitimate holders of securities for information concerning them.

The operator's rights: remuneration and guarantees

In return for its services and obligations, the operator has rights, mainly linked to its remuneration.

• Entitlement to remuneration : General warehousing is a paying service. The operator charges a fee to cover storage, handling, insurance and any ancillary services. These charges must be public and applied without discrimination.
• Right of retention : To guarantee payment of its costs, the operator has a right of retention over the goods deposited. In practical terms, he can refuse to return the goods until his claim has been settled. This is an effective means of exerting pressure, recognised by the standard regulations (Arr. 20 March 1947, art. 53).
• A legal privilege : In addition to the right of retention, the operator has a lien on the value of the goods for payment of its costs. This lien gives him priority of payment over other creditors. Its rank is particularly interesting: it takes precedence over the warrant holder's lien. In the event of the liquidation of the depositor, the rule giving priority to creditors with a right of retention (article L. 641-13 of the French Commercial Code) generally places the operator in a good position. On the other hand, in the event of safeguard or receivership, his lien takes second place to certain others (article L. 622-17), but he can negotiate rapid payment by agreeing to release the goods (article L. 622-7).
• The sale procedure in the event of non-payment : If the charges remain unpaid for a certain period (normally one year, less for perishable goods) after a formal notice has been served but to no avail, the operator may apply to the President of the Commercial Court for authorisation to have the goods sold at public auction (article R. 522-14). The operator is paid from the proceeds of the sale, with any surplus being deposited for the benefit of the holders of the securities.

When can the operator be held liable?

The question of liability is central to the relationship with the general shop. If your goods are damaged or lost, or if a mistake is made, who is responsible?

• Responsibility for conservation : This is the most common case. As mentioned, the obligation to preserve is interpreted as an obligation of result. If the goods are damaged or disappear during storage, the operator is presumed to be liable. To avoid liability, the operator must prove that the damage is due to a cause for which it is not responsible:
  • Force majeure (unforeseeable, irresistible and external event). The assessment is strict, especially if the shop is supposed to be equipped to prevent certain risks (e.g. cold failure in a cold store).
  • A defect inherent in the goods (e.g. fruit that ripens and rots naturally).
  • The depositor's fault (e.g. poor initial packaging).
  • Certain specific causes listed in article L. 522-15 of the French Commercial Code, such as natural waste, the action of rodents or insects, or open-air dumping if the depositor has agreed to this. Please note: this exemption often only applies if the operator has complied with his duty to inform and exercise due care (for example, by reporting an apparent problem or taking reasonable measures against pests). It is important to note that the operator's liability is in principle limited to the declared value of the goods at the time of storage. However, this limitation may be lifted in the event of gross negligence or fraud on the part of the operator.
• Liability for declarations : The operator is generally not responsible for the accuracy of declarations made by the depositor regarding the nature or value of the goods, unless it has itself carried out an appraisal or offered a specific guarantee. Nor is the operator responsible for verifying the internal quality of opaque-packaged goods.
• Liability linked to the depositor's lack of ownership : If the depositor entrusts goods that do not belong to him (for example, goods that have already been sold or rented containers), the bona fide operator is not liable to the true owner. They are protected by the principle that, in matters of movable property, "possession is equivalent to title" (article 2276 of the Civil Code). However, he could be held liable if he was aware of the lack of ownership and nevertheless took part in transactions (issue of warrants, sale) that harmed the true owner.
• Liability for irregular outings : The operator is liable if he hands over the goods to an unauthorised person or without requiring the presentation of the correct supporting documents, such as the receipt-warrant. This is a direct management error.
• Liability for mismanagement of deposits : Where the law provides that sums must be deposited with the general shop (for example, when a warrant is redeemed early), the operator is responsible for the proper management of these funds.

Taking action against the operator: what is the time limit?

If you feel you need to hold the operator liable, you need to take into account the limitation periods. The source document indicates that there is no specific short limitation period for this action. Consequently, the ordinary limitation periods apply: ten years if the action arises from a commercial relationship (between traders), or the ordinary limitation period (which used to be thirty years, but has been reduced to five years for personal or movable actions since the 2008 law) in other cases. It is advisable to check which time limit applies to your specific situation.

A dispute with a general shop over the storage, billing or return of your goods can have significant financial consequences. If you are experiencing difficulties, our team can analyse your situation and defend your rights. Please do not hesitate to contact us for an initial opinion and to take advantage of our expertise. expertise in commercial law.

Sources

• Commercial Code, in particular Book V, Title II, Chapter II (Articles L. 522-13 to L. 522-19, L. 522-24, and provisions on liability and liens).
• Civil Code (Articles 1927, 1928 on deposit; Article 2276 on movable possession).
• Penal Code (Article 226-13 on professional secrecy).
• Texts on insolvency proceedings (Articles L. 622-7, L. 622-17, L. 641-13 of the French Commercial Code, concerning the ranking of liens).
• Decree of 20 March 1947 (standard regulations, for certain operational details such as retention rights).