Distributors of several rep channels have an obligation to take back, free of charge, “used products that the user discards, within the limit of the quantity and type of product sold, or the products he replaces”.
This take-back obligation is broken down either by a so-called “one-for-one” take-back, which concerns the case of the take-back of equipment in the presence of a new purchase, or by a so-called “zero-for-zero” take-back, which concerns the assumption that the distributor has a sales area that is dedicated to the same category of products under the extended producer responsibility regime and that it is obliged to take back waste from products of the same type free of charge and without purchase obligations.
These take-back obligations apply to:
- Electrical and electronic equipment
- contents and containers of household chemicals,
- furnishing elements as well as upholstered seating or sleeping products,
- textile decoration elements and disposable fuel gas cartridges,
- toys, sports and leisure items and garden and DIY items.
- Tyres
- building waste for individuals and craftsmen by distributors.
A fine of fifth class applies, including in the event of distance selling, in the event of a breach by the distributor of its take-back obligations and in the event of non-compliance with its information obligations relating to the take-back obligation.
The team dedicated to consumer law of GOUACHE Avocats, assists you to secure your commitments and ensure the compliance of your practices with respect to the obligations relating to the return of used products.
Guillaume Gouachon
Avocat associé
Responsible "Consommation, produits et conformité"
Martine Behar Touchais
Professeur de droit Of counsel
Responsible "Distribution & Concurrence"
