Any person who offers the supply of goods or the provision of services on a professional basis, by electronic means, shall make the applicable contractual stipulations available in a manner that allows them to be preserved and reproduced. The author of an offer remains bound by it for as long as it is accessible by electronic means due to him. The offer shall further state: 1° The various steps to…
The contract is only validly concluded if the recipient of the offer has had the opportunity to check the details of his order and its total price and to correct any errors before confirming it to express his final acceptance. The offeror must acknowledge receipt without undue delay, by electronic means, of the order addressed to him. The order, the confirmation of acceptance of the offer and the acknowledgement of…
An exception is made to the obligations referred to in 1° to 5° of Article 1127-1 and the first two paragraphs of article 1127-2 for contracts for the supply of goods or the provision of services which are concluded exclusively by exchange of electronic mail. It is also possible to derogate from the provisions of 1° to 5° of article 1127-1 and article 1127-2 in contracts concluded between professionals.
Outside the cases provided for in articles 1125 and 1126, the delivery of an electronic writing is effective when the addressee, after having been able to take cognisance of it, has acknowledged receipt. If a provision provides that the writing must be read to the addressee, the delivery of an electronic writing to the interested party under the conditions provided for in the first paragraph is equivalent to reading.
The following are necessary for the validity of a contract: 1° The consent of the parties; 2° Their capacity to contract; 3° A lawful and certain content.
In accordance with article 414-1, you must be of sound mind to validly consent to a contract.
Error, fraud and violence vitiate consent when they are of such a nature that, without them, one of the parties would not have contracted or would have contracted on substantially different terms. Their decisive character is assessed having regard to the persons and circumstances in which the consent was given.
Vices of consent are a cause of relative nullity of the contract.
An error of law or of fact, unless inexcusable, is a ground for nullity of the contract where it relates to the essential qualities of the service due or to those of the other contracting party.
The essential qualities of the performance are those which have been expressly or tacitly agreed and in consideration of which the parties have contracted. Error is a cause of nullity whether it relates to the performance of one party or the other. Acceptance of a hazard as to a quality of the performance excludes error relating to that quality.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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