Subsection 1: Consumer rights

Articles in this section · 5

L217-3L217-4L217-5L217-6L217-7

Article L217-5

French Consumer CodeIn force
Ask for lawyer reviewed or certified translation

Updated 8 Nov 2023

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 concerned;


2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;


3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;


4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;


5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;


6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.


II.-However, the seller is not bound by any of the public statements mentioned in the previous paragraph if he demonstrates:


1° That he was not aware of them and could not legitimately have been aware of them;


2° That at the time the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements; or


3° That the public statements could not have influenced the decision to purchase.


III.-The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods, which he was specifically informed deviated from the criteria of conformity set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.

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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