In stores or on the internet, a child under 18 can easily make purchases without telling their parents. But is it really legal?
Does my child have the right to purchase goods or services in my absence? All parents are, one day, faced with this question. With the success of electronic commerce and in-game purchases for online games, this subject is increasingly recurrent. Has your child made purchases on the internet or in stores without telling you? Here are your child’s rights and your options for recourse.
Purchases made by minors, what does the law say?
Under French law, a child can possess financial assets from birth, but he cannot dispose of his assets completely freely. In fact, an unenfranchised minor (under 18 years old, with exceptions between 16 and 18 years old) does not theoretically have the capacity to enter into a contract alone. This is what is planned article 1146 of the Civil Code. One rule, however, should be qualified.
Minor and bank account
From birth, a child can benefit, at the request of their parents, from a bank account and/or a Livret A. They will be able to have one, in theory, from the age of 12. He will then be able to deposit money himself, but must have the signature of his legal representatives for each withdrawal. From this age, he can also request the opening of a Youth Booklet. You must wait until the age of 16 for a minor to be able to open a bank account on their own, with the authorization of their parents, and benefit from a bank card and a checkbook. He can freely dispose of the sums recorded in this account, specifies the service-public site.
How are everyday purchases going?
The principle of capacity to contract has been relaxed by case law. A minor is therefore legally entitled to carry out everyday activities without the authorization or presence of his or her legal guardian (his or her parents or guardian). All purchases of a small amount can thus be made by your child on the internet or in physical stores (for example: purchases of bus tickets, cinema tickets, sandwiches, online music, etc.).
Despite these details, the vagueness remains. The judges did not set a maximum amount, nor lists of authorized objects. Ultimately, no minimum age has been defined for making a purchase. Each situation must therefore be analyzed on a case-by-case basis. The courts assess each contested purchase according to its amount, its type and the age of the child, all without absolute rules.
The specificity of online shopping
Any online purchase benefits from a 14-day withdrawal period, whether the buyer is a minor or an adult. A simple and effective lever that should be taken advantage of when necessary. On the other hand, with the purchase of applications for network games, the service being immediately available and used, it is not possible to invoke a right of withdrawal. The only recourse for parents will be based on the nullity of the contract due to the incapacity of the minor, indicates the European Consumer Center.
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How to dispute a purchase made by your minor child?
Although the small acts of everyday life are difficult to discuss, parents are not left without recourse when faced with costly and/or disproportionate purchases. Thus, the purchase of a scooter, an animal or a mobile phone by your child can, for example, be contested. The consumer association UFC-Que Choisir indicates the procedure to follow: Contact the seller by registered letter with acknowledgment of receipt to ask him to cancel the sales contract amicably. in the absence of a favorable response, you can go to court to request that the contract be declared null and void.
To take a seller to court, it will be necessary to prove that the dispute could not be resolved amicably. Proof must be provided by the parents. It is therefore necessary to keep all exchanges that have occurred with the seller (email, registered letters, etc.). In terms of deadlines, it is possible to take action in court within five years of the child coming of age.
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