The consumer who has exercised his right of withdrawal from a contract for the supply of digital content without a physical medium shall not owe any sum if:
1° The trader has not obtained the consumer’s prior express agreement to perform the contract before the end of the withdrawal period and proof that the consumer has acknowledged losing his right of withdrawal after the contract has been fully performed at the consumer’s express request;
2° The contract does not include the information provided for in the third paragraph of Article L. 221-9 and the second paragraph of article L. 221-13.