Article L211-4 of the French Consumer Code
November 8, 2023
The provisions of this chapter shall also apply to contracts concluded between professionals and non-professionals.
The provisions of this chapter shall also apply to contracts concluded between professionals and non-professionals.
In contracts concluded between professionals and consumers, terms are unfair if their purpose or effect is to create, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties to the contract. Without prejudice to the rules of interpretation set out in articles 1188, 1189, 1191 and 1192 of the Civil Code, the unfairness of a term is assessed by reference, at the time…
The provisions of article L. 212-1 are also applicable to contracts concluded between professionals and non-professionals.
Where the contract is concluded by electronic means and relates to a sum equal to or greater than an amount set by decree, the professional contracting party shall ensure that the writing recording it is kept for a period determined by that same decree and shall guarantee access to it to his co-contracting party at any time if the latter so requests.
Unless otherwise stipulated, for any contract for the sale or provision of services concluded between a trader and a consumer, sums paid in advance are deposits, within the meaning of the article 1590 of the Civil Code.In this case, each of the contracting parties may renege on their commitment, the consumer losing the deposit, the professional returning twice as much.
Where the contract of sale relates to movable property, any sum paid in advance of the price, irrespective of the nature of the payment and the name given in the deed, shall bear interest at the legal rate in civil matters from the expiry of a period of three months from the date of payment until delivery, without prejudice to the obligation to deliver, which shall remain unaffected.Where the contract…
The provisions of this chapter shall not apply to special orders based on quotations or to sales of products the manufacture of which is undertaken to the buyer’s special order.
For service contracts concluded for a fixed term with a tacit renewal clause, the trader providing the service shall inform the consumer in writing, by letter or dedicated e-mail, no earlier than three months and no later than one month before the end of the period authorising the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered…
Where a contract has been concluded by electronic means or has been concluded by another means and the trader, on the day of termination by the consumer, offers the consumer the possibility of concluding contracts by electronic means, termination shall be made possible using this method. To this end, the trader shall make available to the consumer a free facility enabling the consumer to complete, by electronic means, the notification…
The provisions of this chapter, with the exception of article L. 215-1-1, do not apply to operators of drinking water and wastewater services.
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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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