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Article 1127-3 of the French Civil Code

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.

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Article 1127-4 of the French Civil Code

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.

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Article 1130 of the French Civil Code

Error, fraud and violence vitiate consent when they are of such a nature that, without them, one of the parties would not have contracted or would have contracted on substantially different terms. Their decisive character is assessed having regard to the persons and circumstances in which the consent was given.

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Article 1133 of the French Civil Code

The essential qualities of the performance are those which have been expressly or tacitly agreed and in consideration of which the parties have contracted. Error is a cause of nullity whether it relates to the performance of one party or the other. Acceptance of a hazard as to a quality of the performance excludes error relating to that quality.

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Article 1135 of the French Civil Code

A mistake as to a mere motive, extraneous to the essential qualities of the performance due or of the co-contractor, is not a ground of nullity, unless the parties have expressly made it a decisive element of their consent. Nevertheless, a mistake as to the reason for a liberality, in the absence of which its author would not have disposed, is a cause of nullity.

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