Subsection 4: Provisions specific to contracts concluded by electronic means

Electronic means may be used to make contractual stipulations or information on goods or services available.

Information requested with a view to concluding a contract or information sent during the performance of a contract may be sent by e-mail if the recipient has agreed to the use of this medium.

Information intended for a professional may be sent to him by e-mail, provided that he has communicated his e-mail address. If this information is to be given on a form, the form shall be made available electronically to the person who has to fill it in.

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.