The trader is automatically liable to the consumer for the proper performance of the obligations arising from the distance contract, whether those obligations are performed by the trader who concluded the contract or by other service providers, without prejudice to his right of recourse against them.
However, he may be exonerated from all or part of his liability by proving that the failure to perform or improper performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.