Законодательство Франции о блошиных рынках
The new law
Under the pressure of professionals of the sale of objects of occasions, which supported neither the unfair competition not declared professional salesmen (thus not paying neither loads, neither taxes, and ensuring only very few guarantees), nor either, the competition of the private individuals, the law changed.
The new text is a modification of the code of the trade, and says this exactly:
(Ordinance nº 2004-274 of March 25, 2004 art. 27, art. 29 Official Journal of March 27 2004)
(Law nº 2005-882 of August 2, 2005 art. 21 Official Journal of August 3 2005)
I - are regarded as sales with the unpacking the sales of goods carried out in buildings or on sites not intended for the sale with the public of these goods, like starting from vehicles especially arranged for this purpose.
The sales with the unpacking cannot exceed two months per calendar year in the same room or on the same site and must be the subject of a preliminary authorization.
This authorization is delivered by the proper administrative authority if the whole of the surfaces of sale used by the applicant in the same place, including the extension of surface devoted to the operation of sale to the unpacking, is higher than 300 square meters, and by the mayor of the commune whose the place depends on the sale in the contrary case.
The private individuals not registered with the company and trade register are authorized to take part in the sales with the unpacking in order to exclusively sell personal and worn objects twice per annum at most, provided that they have their residence or their second home in the commune, the intercommunality or the departmental district or, for the towns of Lyon, Marseilles and Paris, in the municipal district sits of the demonstration. The methods of application of this subparagraph are laid down by decree as a Council of State.
It is very clear: TWO sales per annum and per anybody, and especially in your city or your grouping of communes!!!
As much to say that great annual stock sales, such as Lille, Rennes Saint Martin's day, or the small ones of tourist villages, have concern to be done...
The professionals, them, rub the hands...
- It was already largely possible to control the not declared professionals, via the files in prefecture, which existed. If the authorities were not interested in it, the private individuals do not have nothing to do there.
- It is a serious attack with a very simple right: that to sell our own goods freely, in measurement or it acts of worn goods.
- If the professionals think that the private individuals will pass by them to sell their old-fashioned things, it is that they never intended to speak about e-Bay.
- The use of the figureheads will flower...
- Many communes will live a dramatic financial loss.
With the help, I am an organizer!!!
If you read the text well, one will need a decree of application. It should not appear before the re-entry. The events of this year are normally not blamed. This known as...
What will there be in the decree?
To see the bill, worst was considered: statement of the number plates of the vehicles, electronic files in the prefectures (the State needs well this kind of investments in this moment, plus the time spent to the seizures, the problems with the CNIL...). Let us fear, therefore...
What to make?
- Contact your deputy, during his permanence, and express to him your opposition. Contact also the mayor, who will be able to transmit the message. This problem is neither of left, nor of right-hand side.
- Write with your local newspaper, and the mediae which you know.
- Remain on line on this site, we will propose petitions and other actions.
- Express your dissatisfaction near the professionals. That they go up the problem with their trade union (the SNCAO). Recall them that many demonstrations are mainly open to the private individuals, and that they could become it exclusively.
The law in general
The general rule
First of all, there is not known legal difference between "annual stock sales of private individuals", "vacuum-attics", "rèderies", and others. (there exists about it in any case?). At the legal level, in fact sales with the unpacking are controls by very specific laws of the trade.
Sales with the unpacking
The sales with the unpacking are sales of goods carried out in buildings or on sites not intended for the sale with the public of these goods, like starting from vehicles especially arranged for this purpose.
Are regarded as sales with the unpacking the sales actual on sites which are not intended for the sale, the such carparks of great surfaces, the halls of hotel, the malls of circulation of the shopping malls or the car parks.
They can concern:
- new goods or of occasion
- tradesmen, craftsmen, farmers and private individuals (the secondhand trades and the operations "vacuum-attics" are thus sales with the unpacking).
They are subjected to preliminary authorization delivered by:
- the prefect or the sub-prefect
- or the mayor of the commune of establishment.
The request for authorization of sale to the unpacking must comprise the following documents and information:
- identity of the salesman or the name of the organizer and the salesmen
- the date of the beginning of the sale considered and its duration
- the place of the sale and its characteristics
- the surface assigned to this sale
- the nature of the goods proposed.
A document in proof of identity:
- individual record sheet of marital status for a noncommercial individual
- statutes of the company for a noncommercial legal entity
- extract of the company and trade register for a tradesman or a commercial company.
A document in proof of the title of occupation:
- certificate on the honor if the applicant is owner of the place
- copy convention if the applicant is occupying of this place under the terms of a convention
- copy licence of parking or permission of roadway system if it acts of an occupation of the public domain
- extracted the bearing cadrastal map identification of the adjacent pieces instead of sale when the surface of the sale considered is in the vicinity immediate of a retail trade of a surface upper than 300 m²
In order to supplement your happiness, note that the following laws (at least), are applicable, without counting the prefectoral and municipal decrees, possibly:
Legally your demonstration will be subjected to the mode of the sales to the unpacking and the public demonstrations of resale of movable objects. Law n°96-603 of July 5, 1996. Decree n°96-1097 of December 16, 1996. Code consumption, article L 121-15. Penal code, articles 321-7,321-8, R 321-12 and R 635-5. Interministerial decree of July 21, 1992.
Each department, and each commune, can establish particular regulations concerning the possibility of organizing a vacuum attic.
These texts are to be consulted locally.
As indicated higher, you must always justify your identity (and maintaining of your address) to register you as an exhibitor.
Guarantee on the hidden defects
Let us recall the articles of the law on the hidden defects. They are articles 1641 and following civil code. They define the responsibilities for the salesmen when it knew that there was a defect, and when it did not know it...
This law stipulates that the sale can be cancelled if the sold good were the subject of a major defect, unknown to the purchaser at the time of the sale. It is obvious that it is very difficult to rule a posteriori and know if the good had been sold like worn, or out of operating state. Let us say the whole Net, that formed part of the shiver at the time of the purchase...
As an organizer, think of proposing a catch sector to allow the customers to test the electricals appliance. That will be very appreciated. For the goods of values, suggest with the customers obtaining a receipt...
The law payment a great number of sales, whatever the mode of sale. Moreover, in the particular case of the vacuum attics, there are temptations to sell goods nonin conformity with the rules, under pretext that the good is of occasion, that the salesman does not know the regulation well (child...) or even because the salesman hopes to draw some without problem. There is no question of throwing into a panic the organizers here, the more so as the continuations do not seem very numerous. But the authorities take care, the more so as the sales with the unpacking are in constant increase. Moreover, let us be wary of the increasing temptation of the complaints of injured customers.
In France, one less and less hesitates to go in front of the courts...
Here a NONEXHAUSTIVE list of things for which should be careful for you:
Animals nice the kitten, or puppy, should be tattooed or to carry a chip. Often they are simply given, especially when they are ' children of the lune'. Does one have to be too strict, with the risk to prevent them from finding a Master?
On the other hand, the animals of race must imperatively carry these identifications, the more so as of many traffics exist.
Supervise also the exotic sales of animals.
Weapons the danger is obvious. For truths experts, there are specialized purses, where the regulations are known and applied.
Food Attention with the small cake house, made and sold by charming people. Products with cheese, or egg, left with the sun, or produced realized by a person in bad health... You can transmit listeria or salmonellose to tens of people, and be blamed... Rather entrust the sale to people under control...
Engraved CD and plays will recognize them easily to You. No the small pocket in limps, or a badly made small pocket. CD with a blue or green face. Their sale is strictly prohibited. The houses of disc and editors of plays pursue these retailers. Their legal methods brutal, are inspired of the American methods. They are likely to be caught some with you if they note too much laxism.
The tax system
Organizing association is likely of imposition on its benefit, even if it is declared with nonlucrative goal. To get information well.
For the exhibitors, as indicated higher, it is all (you are professional) or nothing (you are particular).
If you sell personal works: tables etc. You professional ETES. Taking into account the deficits of all the social cases, do not hope for a kindness if you are controllé(e).
Identity check of the salesmen
As indicated higher, the identity check of the salesmen is more and more often required.
This legal obligation is used for several things:
- To protect the purchasers. One can thus find an indelicate salesman.
- To discourage the illicit sales
- To allow a tax control. If the law tolerates the sales vacuum-attics type, it is obvious that this type of demonstration should not be used as folding screen with a regular commercial activity not declared.
As an organizer, specify well in all your communication (post etc...) which you will require an identity paper.
Record information on an unspecified register. (what will be of course easier if the salesmen are registered in advance). The prefecture will be able to claim you this register.
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