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Article Annexe à l'article D. 211-4 du code de la consommation

French Consumer CodeIn force

Updated 7 Nov 2023

The general terms and conditions contain a box including the following information, with the "X" replaced by the contractual period(s) for the supply of digital content and digital services that are offered by the trader.


The consumer is entitled to the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity during a period of X as from the supply of the digital content or digital service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. The legal guarantee of conformity implies an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service during X.

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following his request, at no cost and without any major inconvenience to him.

The consumer may obtain a reduction in the price of the digital content or digital service. The consumer may obtain a reduction in price by keeping the digital content or the digital service, or he may terminate the contract by obtaining a full refund in return for renouncing the digital content or the digital service, if:

1° The professional refuses to bring the digital content or the digital service into conformity;

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2° The compliance of the digital content or service is unjustifiably delayed;

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3° The digital content or digital service cannot be brought into conformity at no cost to the consumer;

> 4° The digital content or digital service cannot be brought into conformity at no cost to the consumer;

4° Bringing the digital content or service into conformity causes major inconvenience to the consumer;

> 5° The non-conformity of the digital content or service with the consumer's wishes is not possible without cost to the consumer. 5° The non-conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity;

The consumer is also entitled to a reduction in the price of the digital content or digital service. The consumer is also entitled to a reduction in the price or rescission of the contract where the lack of conformity is so serious as to justify an immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for payment of a price.

Any period of unavailability of the digital content or digital service for the purpose of bringing it back into conformity suspends the guarantee that was still running until the digital content or digital service was supplied in conformity.

These rights result from the application of the provisions of the Directive. These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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