The consumer has a period of two years from the date of supply of the digital content or digital service to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity implies an obligation to provide all updates necessary to maintain the conformity of the digital content or service.
The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following his request, at no cost and without any major inconvenience to him.
The consumer may obtain a reduction in the price of the digital content or digital service.
The consumer may obtain a reduction in the price by keeping the digital content or the digital service or he may terminate the contract by obtaining a full refund in return for giving up the digital content or the digital service, if:
1° The professional refuses to bring the digital content or digital service into conformity;
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2° The compliance of the digital content or service is unjustifiably delayed;
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3° The digital content or digital service cannot be brought into conformity at no cost to the consumer;
> 4° The digital content or digital service cannot be brought into conformity at no cost to the consumer;
4° Bringing the digital content or service into conformity causes major inconvenience to the consumer;
> 5° The non-conformity of the digital content or service with the consumer’s wishes is not possible without cost to the consumer;
5° The non-conformity of the digital content or digital service persists despite the trader’s unsuccessful attempt to bring it into conformity;
The consumer is also entitled to a reduction in the price of the digital content or digital service.
The consumer is also entitled to a reduction in the price or rescission of the contract where the lack of conformity is so serious as to justify an immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for payment of a price.
Any period during which the digital content or digital service is unavailable for the purpose of bringing it back into conformity suspends the guarantee that was still running until the digital content or digital service was supplied in conformity.
The rights mentioned above result from the fact that the consumer has the right to cancel the contract if the contract does not provide for the payment of a price.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the consumer code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the digital content or digital service is retained or to a full refund in return for renouncing the digital content or digital service.