Consumer rights in Tunisia: online shopping, refunds, guarantees

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Topic: Consumer law

Consumer rights in Tunisia for online shopping: what sellers must tell you, returns and guarantees, and where to complain if a Facebook seller scams you.

When you buy online in Tunisia, whether from a website or a seller on Facebook or Instagram, you are protected by Law 92-117 on consumer protection, by Law 98-40 on sales techniques and advertising and by Law 2000-83 on e-commerce. The seller must tell you clearly who they are, what you are buying, the full price and the delivery and return conditions; in an online sale you have a legal withdrawal period, and you keep the legal guarantee against defects. If you have been scammed, keep every piece of evidence and complain to the Ministry of Commerce or, where there is fraud, to the public prosecutor. Which laws protect online shoppers in Tunisia? There is no single online-shopping code in Tunisia. Several texts apply together: Law 92-117 of 7 December 1992 on consumer protection sets general rules on product safety and fair dealing, including a ban on false or misleading advertising, on informing consumers, and on a guarantee that no contract clause can exclude. Law 98-40 of 2 June 1998 on sales techniques and commercial advertising covers sales at reduced prices (sales and promotions), sales away from business premises and distance sales, and commercial advertising. Law 2000-83 of 9 August 2000 on electronic exchanges and commerce governs online commercial transactions: information before the contract, order confirmation, withdrawal and returns. The Code of Obligations and Contracts contains the general rules on sales, including the seller's guarantee against hidden defects. The Penal Code applies when the "seller" is really a fraudster. A private member's bill (proposition de loi n° 42/2024) to regulate marketing and promotion on websites and social media was still before a parliamentary committee in June 2026 and had not been adopted when this guide was written, so check whether new rules are in force before relying on them. What must an online seller tell you? In an online sale, Article 25 of Law 2000-83 requires the seller to give you a set of information, clearly and understandably, before the contract is concluded. In practice, make sure you have: the seller's identity, address and phone number; the nature, features and price of the product; the delivery cost and the taxes charged; how to pay, and how and when the product will be delivered; the terms of any commercial guarantee and after-sales service; whether you can withdraw and within what period, and how to return, exchange or get a refund. Before the contract is concluded, the seller must also let you review your choices and confirm or change the order (Article 27). A page that shows only a photo, a "price by private message" and a phone number is a warning sign. Ask for the information in writing before paying. A seller who refuses is telling you something. Return policy law in Tunisia: can I cancel or send it back? This is where most confusion comes from, because many people assume European rules apply. They don't. Under Tunisian law: Right of withdrawal: under Article 30 of Law 2000-83, a consumer can withdraw from an online purchase within 10 working days, counted from receipt for goods, or from the conclusion of the contract for services. The seller must refund you within 10 working days of the goods being returned, and you pay the cost of sending them back; Exceptions (Article 32): except for visible or hidden defects, there is no right of withdrawal for goods made to your specifications, goods that cannot be sent back or may spoil or expire, audio or video recordings and software that you have unsealed or downloaded, newspapers and magazines, or a service you asked to start before the withdrawal period ended; Wrong item or late delivery: you can return the product as it is within 10 working days of delivery if it does not match your order or the delivery deadline was missed, and the seller must refund the price and related costs (Article 31). If the product is defective, the guarantee applies (see below); beyond these cases, a "changed my mind" return depends on the seller's own policy, so read it and screenshot it. These periods come from the 2000 law: check that it has not been amended before relying on them, and give notice of withdrawal by the means set out in the contract. Whatever the situation, act quickly: report the problem in writing as soon as you notice it, with photos. Guarantees: legal and commercial Don't confuse two kinds of guarantee: The legal guarantee: Article 17 of Law 92-117 requires the supplier to grant the consumer a guarantee, makes any "no guarantee" clause void, and applies the general conditions of the Code of Obligations and Contracts, including the guarantee against hidden defects. If the product delivered does not comply with the regulations in force, the supplier must, as the consumer chooses, replace it, repair it or refund the price (Article 18). The guarantee exists even if nothing is written down, but it must be invoked within the legal deadlines. The commercial guarantee: offered by the seller or manufacturer, for example on household appliances or phones. Its length and scope depend on the guarantee document, so ask for it and keep it with the invoice. An invoice or written receipt is your main evidence for any guarantee claim. When buying from a social-media seller, ask for one; at the very least keep the conversation, the order confirmation and proof of payment. Scammed buying on Facebook in Tunisia: where do I complain? Online sales scams are common: goods paid for and never delivered, counterfeits, a parcel containing something else. Take these steps: Keep the evidence: screenshots of the page, the ad, the conversation, the seller's profile and phone number, proof of payment, the delivery slip and the parcel itself. Send the seller a written complaint (message, email or letter) describing the problem and what you want. Keep a copy. Contact your bank or payment provider at once if you paid by card or transfer; depending on the payment method, a dispute or a block may still be possible. Complain to the Ministry of Commerce through its regional offices or complaint channels, especially when a professional seller refuses to respect your rights; check on idaraty.tn which channels are currently open. If you have suffered a loss, you can also file a complaint online with the Organisation de défense du consommateur (ODC). File a criminal complaint with the public prosecutor or the police if the seller acted fraudulently: a fake shop, a seller who vanishes after payment, or a counterfeit sold as genuine. Report the account to the platform so it stops reaching other buyers. Cash on delivery limits the risk, especially if the courier lets you inspect the parcel before paying. A bank transfer to an unknown individual's account is the riskiest way to pay. Frequently asked questions Is a Facebook or Instagram seller bound by the same rules as a shop? Someone who sells regularly as a business is a professional seller whatever the channel, with the same obligations. Occasional sales between private individuals fall under the general rules of sale, which protect you less. Can I get my money back after paying by bank transfer? Not automatically. If the seller does not refund you voluntarily, you may need a formal demand, a civil claim or, if there was fraud, a criminal complaint. Contact your bank quickly in every case. The seller won't give me an invoice. What can I do? Ask for it in writing and keep the refusal, then report the seller to the Ministry of Commerce. In an online sale, the seller must give you, on request and within 10 days of the contract, a written or electronic document with all the details of the sale (Article 29 of Law 2000-83). Meanwhile, keep every other proof of purchase. I sell online. What are my obligations? Give complete information before the sale, confirm orders, respect delivery times and guarantees, and make sure your activity is properly registered for tax. A lawyer can help you write terms of sale that comply with Tunisian law. When should you see a lawyer? For a small purchase, a written complaint and a report to the Ministry of Commerce are often enough. A lawyer becomes useful when the amount is significant, when a company refuses to act, when you are the victim of organised fraud, or when you need to file a criminal complaint or go to court. Online sellers also benefit from advice on drafting terms of sale that comply with Tunisian law. The site's directory lists lawyers registered with the ONAT by city. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026