Selling your creations online: what the law says
Published on 7 min read The 123Ventes team
You already sell your creations at the market or to friends, and you want to open an online shop. Good news: it is no more complicated than running a stall. But distance selling has its own rules, designed to protect customers who buy without having seen or touched the item.
Here are the essentials of French law, in plain language: business status, the legal notices on your website, terms and conditions of sale, the right of withdrawal and guarantees. This article gives the broad outline; for your specific situation, the information sheets on service-public.gouv.fr (the French government’s official information website) and your chamber of trades are the authoritative sources.
Do you need a business status to sell your creations?
Yes, as soon as you sell regularly with the aim of earning an income. Selling an old piece of furniture once is a private sale; making jewellery to sell every month is a professional activity, however small.
In France, most makers start out as micro-entrepreneurs: simplified formalities, social contributions calculated on turnover, nothing to pay if you sell nothing. A making activity (ceramics, sewing, soaps, jewellery…) is generally a craft activity, registered in the national business register (RNE, registre national des entreprises) through the online one-stop portal (guichet unique).
Do you create original works of art, such as unique paintings or sculptures? The artist-author status (artiste-auteur) may then apply, with different rules. If you are unsure about your situation, your chamber of trades (chambre de métiers et de l’artisanat) will point you in the right direction free of charge.
The mandatory legal notices on your website
Your shop must let customers know who they are buying from. The “legal notices” page (mentions légales) states in particular:
- your first name and surname, followed by the words “entrepreneur individuel” or “EI” (sole trader) if you trade under your own name;
- your address, your e-mail and your phone number;
- your registration number (in the RNE for a craft activity);
- your intra-community VAT number, if you have one;
- the name, address and phone number of the website’s hosting provider.
Add a privacy policy, separate from the terms of sale: what data you collect (name, address, e-mail), why, how long you keep it, and how customers can have it changed or deleted. If your site sets audience measurement or advertising cookies, you must also ask for the visitor’s consent.
Terms and conditions of sale
When you sell to consumers, your terms and conditions of sale (CGV, conditions générales de vente) must appear on the website. They set out everything the customer needs to know before buying:
- the price including VAT and the delivery charges;
- the payment methods and delivery options;
- the delivery time: if no date is given, the law provides for delivery within 30 days;
- the right of withdrawal and its exceptions;
- the legal guarantees;
- what the customer can do in the event of a dispute, including recourse to a consumer mediator.
At the moment of payment, the customer must see a summary of their order, be able to correct it, then confirm it with an unambiguous button, such as “Commande avec obligation de paiement” (order with obligation to pay). They then receive a confirmation of their order by e-mail.
The 14-day right of withdrawal
This is the rule that surprises makers the most. A customer who buys at a distance can change their mind, without giving a reason, for 14 days from the day after receipt. You must then refund them, standard delivery charges included, no later than 14 days after their request; you may wait until you have got the item back or received proof that it has been returned. Return costs can be left for the customer to pay, if your terms of sale say so.
Be careful: if your terms of sale fail to inform the customer of this right, the period is extended by 12 months.
There are exceptions that are useful to makers:
- made-to-measure or clearly personalised pieces: a ring engraved with a first name, a garment made to the customer’s measurements, a piece of furniture built to the customer’s dimensions. On the other hand, a simple choice of colour or finish from your usual range is not enough to rule out withdrawal;
- products that deteriorate quickly, such as certain fresh foods;
- products unsealed after delivery that cannot be returned for hygiene reasons, such as a cosmetic whose seal has been opened.
These exceptions must be written into your terms of sale and repeated on the page of the product concerned.
Legal guarantees
Even if you sell one-off handmade pieces, the customer benefits from two guarantees provided for by law:
- the legal guarantee of conformity, for 2 years after delivery: the item must match its description and your photos, and be fit for its expected use. A bowl that leaks, a seam that gives way after a week: you must repair, replace or refund;
- the guarantee against hidden defects, for a serious defect that was not visible at the time of purchase.
What protects you best is an honest product page: dimensions, materials, care, and the small irregularities typical of handmade work, shown in photos. A customer who knows that every piece is unique will not hold a variation in glaze against you.
The consumer mediator
Every business that sells to consumers must offer its customers a consumer mediator free of charge, for any dispute you cannot settle between you. In practice, you sign up with a mediation service (at your own expense, sometimes included in membership of a trade federation; always free for the customer) and you give its contact details in your terms of sale and on your website.
It is one of the items people forget in their start-up budget: see our article on the budget for opening an online shop.
Rules specific to certain products
Some creations have their own obligations, in addition to those of online selling:
- soaps and cosmetics: EU Cosmetics Regulation, product information file, safety assessment, notification and labelling. See our page for soap makers;
- scented candles: labelling of fragrances and safety instructions, detailed on our page for handmade candles;
- food products: ingredients and allergens displayed before purchase, declaration of the activity. See our pages for fine food shops and chocolatiers;
- toys and children’s items, metal jewellery (certain metals are restricted): safety standards apply, so find out before you get started.
For all products sold online, the product page must also give the information relevant to safety: warnings, precautions for use, and the name and address of the manufacturer, in other words you.
And with 123Ventes?
Your 123Ventes shop comes with an up-to-date template of terms and conditions of sale, which includes the 14-day right of withdrawal and its exceptions, for example for made-to-measure pieces. Read it through and adapt it to your activity. Your data and your customers’ data are hosted in France, and support replies in French if you have a question about setting things up.
All for €29.90 a month, with no commission on your sales. To start off on the right foot, also follow our guide online shop for makers, and to set your prices, read the article how to price your handmade creations.
Frequently asked questions
Can you sell your creations online without a business status?
Not if you sell regularly to earn an income: it is then a professional activity, which requires a business status. In France, micro-enterprise is the simplest way to get started. A genuinely occasional sale remains a sale between private individuals.
Does the right of withdrawal apply to handmade creations?
Yes, in principle: 14 days from the day after receipt. It does not apply to made-to-measure or clearly personalised pieces, such as an engraving with a first name or a garment made to the customer’s measurements. A simple choice of colour from your range is not enough.
What legal notices should your online shop display?
Your name with the words “EI” if you are a sole trader (entrepreneur individuel), your address, e-mail and phone number, your registration number, your VAT number if you have one, and the hosting provider’s contact details. Add your terms and conditions of sale and a privacy policy.
Are terms and conditions of sale mandatory for a small shop?
Yes, as soon as you sell to consumers online, whatever the size of your business. They state in particular the price including VAT, delivery, the right of withdrawal, guarantees and recourse to the mediator.
Do you need a consumer mediator when you are just starting out?
Yes: every business that sells to consumers must offer its customers a mediator, free of charge for them. You sign up with a mediation service and give its contact details on your website and in your terms of sale.
Conclusion
Selling your creations online takes a little rigour at the start: a business status, legal notices, clear terms of sale, a mediator. Once in place, these rules work for you: a well-informed customer buys more readily, and comes back. To check a specific point, the information sheets on service-public.gouv.fr are up to date and free, and your chamber of trades is there to advise you.
👉 Try 123Ventes for free: your shop comes with a template of terms and conditions of sale ready to adapt.