Article L216-8 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.
I.-The provisions of this chapter apply to contracts for the sale of movable tangible property between a professional seller, or any person presenting or acting as such, and a buyer acting as a consumer. For the purposes of this Chapter, contracts under which the seller delivers goods and transfers ownership thereof to a consumer and the consumer provides any other benefit, instead of or in addition to the payment of…
The provisions of this chapter do not apply to:
The seller shall deliver goods that comply with the contract and with the criteria set out in article L. 217-5. It is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within a period of two years from the date of the contract. In the case of a contract for the sale of goods containing digital…
The good conforms to the contract if it meets in particular, where applicable, the following criteria: 1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is fit for any special purpose intended by the consumer, made known to the seller no later than at the time of conclusion of the contract…
I.-In addition to the criteria of conformity with the contract, goods are conforming if they meet the following criteria: 1° It is fit for the purpose normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector…
Where, in the course of the contract, personal data is processed by the trader, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of 27 April 2016 and the loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés, insofar as such failure results in non-compliance with one or more of the compliance criteria set out in this section, shall…
Defects in conformity that appear within twenty-four months of delivery of the goods, including goods containing digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed. In the case of second-hand goods, this period is set at twelve months. Where the contract for…
In the event of lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section. The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until…
The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in sub-section 1 of this section. The consumer shall request the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer shall make the goods available to the seller.
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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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