Right of withdrawal: the company must reimburse despite the death of the customer

Losing a loved one is already a difficult tragedy to overcome. It is even more so when companies are uncooperative. “The father of my children died a few months ago, Lucile tells us. He had placed an order on the Internet for care products (€400 worth of goods), but unfortunately did not have time to open the package. »

After the funeral, our reader contacted this company to obtain a refund. “I sent the package back. Four months later, the reimbursement was made… on the deceased’s credit card which had, in the meantime, been returned to the bank and cancelled! »

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Lucile may explain the situation and offer to send a RIB, or request a payment from the notary in charge of her daughters’ estate, nothing happens. “I was told, as well as the notary, that, according to their general conditions of sale, they can only reimburse on the card that made the purchase, she takes offense. This money belongs to my children and this behavior is unacceptable. »

A transfer to the notary’s account can be considered

Article L. 221-24 of the Consumer Code provides in particular regarding reimbursement after exercising the right of withdrawal: “The professional makes this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and to the extent that the reimbursement does not cause costs for the consumer. »

In these particular circumstances, reimbursement by bank card being impossible, a transfer to the account of the notary’s office representing the interests of the heirs of the deceased could be considered. The death of the consumer absolutely does not exempt the company from its obligation to reimburse!