Law No. 98-39: Regulating Sales with Payment Facilities in Tunisia
Published in the Official Journal of the Tunisian Republic (JORT), Law No. 98-39 governs sales with payment facilities in Tunisia. This law defines the rules and obligations of merchants and consumers to ensure transparency in payment conditions and protect consumer rights.
Protecting Consumers from Abusive Commercial Practices
The primary objective of this law is to protect consumers from abusive commercial practices and ensure transparency in transactions involving installment payments.
Written Contract Requirement
For sales with payment facilities, a written contract is mandatory. Without a written contract, the sale is considered null and void.
Consumer Right of Withdrawal
Consumers have a 10-day withdrawal period from the date of signing the contract or receiving the product.
Merchant Obligations
Merchants are required to include the following information in the contract:
- Product details
- Price
- Payment terms
- Applicable interest rates
- Guarantees offered
Advertising Regulations
Advertisements with payment facilities must be clear and include the following information:
- Merchant identity
- Payment conditions
- Interest rates
- Additional fees
Merchant Right to Request Financial Information
Merchants can request financial information from consumers to assess their ability to honor payments.
Consumer Right to Anticipated Refund
Consumers can request an anticipated refund and obtain a fair reduction of the total price. In case of default, merchants can demand immediate repayment of the outstanding balance.
Penalties for Non-Compliance
The law provides for penalties for non-compliance, including fines for violations such as:
- Selling without a written contract
- Providing false information in advertisements
- Failure to respect the withdrawal period
Enforcement
Economic control agents and judicial police are responsible for ensuring compliance with this law.
