The French Winter Sales are Coming !

There's a lot more to "sales" in France than just discounted prices--there are lots of rules, too

Photo credit: erin, “Soldes at BHV!,” CC BY 2.0 <https://creativecommons.org/licenses/by/2.0>, via Wikimedia Commons

Chances are, no matter where you live, you expect there to be after-Christmas retail sales—an opportunity for merchants to sell over-stocked merchandise and to reduce inventory for an annual tax-related inventory. It’s often a great opportunity for consumers. And you might expect other kinds of sales throughout the course of the year as the seasons come and go and demand for certain goods rises, then ebbs.

In France, things are just a little bit different.

Discounted retail sales are regulated by law, and the two biggest sales of the year are the “soldes d’hiver” (winter sales) and the “soldes d’été” (summer sales). I was reminded of this today by an email from ServicePublic.fr—a website the disseminates useful information about official services and administrative processes in France. This message detailed the effective dates for the Winter Sales throughout mainland France (January 8 through 4 February) and its overseas territories (the dates vary in various French départements). The announcement explains the dates of the sale this way:

Les soldes d'hiver débutent le deuxième mercredi du mois de janvier à 8 heures du matin. Cette date est avancée au premier mercredi du mois de janvier lorsque le deuxième mercredi intervient après le 12 du mois.
The winter sales start on the second Wednesday of January at 8 a.m. This date is brought forward to the first Wednesday of January when the second Wednesday falls after the 12th of the month.

For opponents of regulation, the fact that dates of major discounted sales by retailers are fixed by the government, and are limited to two occasions during the year, probably already looks like a case study of regulatory overreach. But there is much more to it than just setting the dates.

First, let’s consider that here are various kinds of “sales” that are legally recognised:¹

• the major “fixed sales” mentioned above that happen twice annually;

• two weeks of additional “floating sales” are allowed at times that merchant’s can choose (as long as they’re not during the month preceding the official “fixed sale);

• “déstockage” or clearance sales can happen at any time for the purposes of clearing excessive or seasonal stock—but strict rules on pricing and returns policy apply;

• “promotions ponctuelles,” which are one-off promotional sales intended to increase sales of certain items, not to reduce stock, and they are not permitted during the bi-annual fixed sales;

• liquidation sales are a with official permission when a business ceases trading or substantially changes its business.

Regulations governing such sales are quite detailed. They control what can and must be said in advertisements of sales, how both normal sales price and discounted price are to be displayed, whether merchandise can be restocked during a sale, the sale of defective merchandise, and returns policy.² Violations can occur, either intentionally or though a lack of understanding of the regulations, and consumers are advised to be aware that abuses can and do occur.³ There can be severe penalities for violations of the regulations.

But it doesn’t stop there.

The weekly flea market at the Place du Palais de Justice, Nice (photo J.B. Howard)

Sometimes merchants will place their goods on the footpath or sidewalk in front of the shop, or advertise with a sign that says “Braderie,” meaning a sidewalk or clearance sale, which otherwise falls under one of the categories described above. But a braderie can be more loosely defined as a private one-time sale of goods by an individual, like a brocante (flea market) or vide-grenier (a boot, garage or yard sale). And regulations apply to these as well.

All three types of sales—braderie, brocante, and vide-grenier—fall into the category of “ventes au déballage,” or, roughly translated, “box sales.”⁴ An individual can only hold two such sales annually; one must register with the police and sign a “statement of honour” swearing to not hold more than one such event in the given year; and items for sale must be limited to personal or used items only. If you have created the items for sale yourself, additional regulations apply. And of course income from such sales might or might not be subject to taxation.⁵

Like I said, if you’re an anti-regulations kind of person, the rules governing how retailers and private individuals alike are allowed to place their goods on sale probably seems either excessive, stereotypically French, or both. But on the bright side, in France, you always know when the biggest sales of the year take place, and the law tends to be on the side of the consumer.

1. “Quelles différences entre solde, promotion, vente privée, déstockage et liquidation ?” DémarchesAdministratives.fr (10 Jul 2020) https://demarchesadministratives.fr/demarches/quelles-differences-entre-solde-promotion-vente-privee-destockage-et-liquidation (consulted 30 Dec 2024)

2. “Soldes : règles à respecter,” ServicePublic.fr (24 Jun 2024) https://www.service-public.fr/particuliers/vosdroits/F24037 (consulted 30 Dec 2024)

3. “Soldes : droit des consommateurs et obligations des commerçants,” economie.gouv.fr (27 Dec 2024) https://www.economie.gouv.fr/dgccrf/les-fiches-pratiques/soldes-droit-des-consommateurs-et-obligations-des-commercants (consulted 30 Dec 2024)

4. Ventes au déballages consist of selling or re-purchasing goods in premises or on sites not intended for sale to the public, as well as from specially equipped vehicles” (La vente au déballage consiste à vendre ou racheter des marchandises dans des locaux ou sur des emplacements non destinés à la vente au public, ainsi qu'à partir de véhicules spécialement aménagés.) economie.gouv.fr (6 Jun 2024) https://www.economie.gouv.fr/particuliers/brocante-vide-grenier-braderie-regle-impot (consulted 30 Dec 2024)

5. More regulatory details are provided here: “Vente au déballage : règles à respecter,” Entreprendre.ServicePublic.fr (9 October 2024) https://entreprendre.service-public.fr/vosdroits/F22397 (consulted 30 Dec 2024)