Subsection 5: Miscellaneous provisions

The obligations of the professional referred to in articles L. 217-21 to L. 217-23 relating to commercial warranties in respect of sales also apply to commercial warranties subscribed in connection with the supply of digital content or a digital service.

Where the consumer asks the trader, during the period of the legal guarantee or the commercial guarantee granted to him at the time of the supply of digital content or a digital service, to bring the digital content or digital service into conformity with the contract covered by the guarantee, any period of immobilisation or unavailability of that content or service suspends the guarantee which remained in force until the…

The provisions of this section do not deprive the consumer of the right to exercise the action resulting from the warranty for hidden defects as set out in articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised to him by law. Where a restriction arising from the infringement of the rights of any third party, in particular intellectual property rights,…

A recourse action may be brought by the professional who provided the digital content or digital service, against any person upstream in the chain of commercial transactions, in accordance with the provisions of the civil code.

The provisions of this section shall also apply to contracts concluded between a professional and a non-professional.