I.-In the event of a breach by the trader of his obligation to deliver the goods or provide the service under the conditions set out in article L. 216-1, the consumer may :
1° Notify the trader of the suspension of payment of all or part of the price until the trader performs, under the conditions of articles 1219 and 1220 of the Civil Code;
2° Rescind the contract if, after having given formal notice to the professional to make the delivery or provide the service within a reasonable additional period, the latter has not complied within this period.
The contract shall be deemed to have been terminated on receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
II.-However, the consumer may immediately rescind the contract:
1° Where the trader refuses to deliver the goods or provide the service or where it is obvious that he will not deliver the goods or provide the service;
2° Where the trader does not perform his obligation to deliver the goods or provide the service on the date or on expiry of the period provided for in article L. 216-1 and this date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request made by the consumer before the conclusion of the contract.
The provisions of this article are without prejudice to the award of damages.