If the trader fails to fulfil his obligation to supply under the conditions set out in Article L. 224-25-10, the consumer may : 1° Notify the trader of the suspension of payment of all or part of the price until the trader performs, under the conditions of articles 1219 and 1220 of the Civil Code; 2° Rescind the contract if, after giving formal notice to the professional to provide the…
The trader provides digital content or a digital service in accordance with the contract and the criteria set out in Article L. 224-25-14. Where the contract provides for a one-off supply of digital content or a digital service, or a series of separate supply operations, the trader is liable for any lack of conformity existing at the time of the supply and which becomes apparent within two years of the…
The digital content or digital service 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, which was brought to the attention of the trader at the latest…
I.-In addition to the compliance criteria set out in the contract, the digital content or digital service is compliant if it meets the following criteria: 1° It is fit for the use normally expected of digital content or a digital service of the same type, taking into account, where applicable, any provisions of European Union law and national law and all technical standards, or in the absence of such technical…
Where, in the course of the contract, personal data processing is carried out by the trader, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties, where such failure results in non-compliance with one or more of the compliance criteria set out in this section, shall…
I.-Defects in conformity which become apparent within twelve months of the digital content or digital service being supplied are presumed to have existed at the time of that supply, in the absence of proof to the contrary. Where the contract provides for the continuous supply of the digital content or the digital service over a given period, the burden of proof as to whether the digital content or the digital…
In the event of lack of conformity, the consumer has the right to have the digital content or the digital service brought into conformity or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this paragraph. 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…
In the event of lack of conformity, the consumer is entitled to demand that the digital content or digital service be brought into conformity with the criteria set out in paragraph 1 of this subsection. Compliance shall be achieved at no cost to the consumer, without undue delay following the consumer’s request and without significant inconvenience to the consumer, taking into account the nature of the digital content or digital…
The trader may refuse to bring the goods into conformity if this proves impossible or would entail disproportionate costs, particularly in the light of the significance of the lack of conformity and the value of the digital content or digital service in the absence of the defect. Once these conditions have not been met, the consumer may, after formal notice, pursue compulsory performance in kind in accordance with articles 1221…
The consumer is entitled to a reduction in price or rescission of the contract in the following cases: 1° Where the trader refuses to bring the digital content or the digital service into conformity; 2° Where compliance of the digital content or digital service is unjustifiably delayed or if it causes costs or major inconvenience to the consumer; > 3° Where non-compliance of the digital content or digital service is…
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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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