The general terms and conditions contain a box including the following information, with the “X” replaced by the contractual period(s) for the supply of digital content and digital services that are offered by the trader.
The consumer is entitled to the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity during a period of X as from the supply of the digital content or digital service. During this period, 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 digital service during X. 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. 1° The professional refuses to bring the digital content or the digital service into conformity; > > > 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. The consumer is also entitled to a reduction in the price of the digital content or digital service. 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 of unavailability of the digital content or digital service 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. These rights result from the application of the provisions of the Directive. 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 service is retained, or to a full refund in exchange for renouncing the digital content or service. |