Section 2: Pre-contractual information obligation

Articles in this section · 3

Article L221-5

French Consumer CodeIn force

Updated 8 Nov 2023

I.-Prior to the conclusion of a contract for the sale of goods or the provision of services, digital content or digital services, the trader shall provide the consumer with the following information in a legible and comprehensible manner:


<1° The essential characteristics of the good, service, digital service or digital content;


2° The price of the good, service, digital service or digital content, pursuant to articles L. 112-1to L. 112-4;


3° The date on which or the period within which the trader undertakes to deliver the goods or provide the service, digital service or digital content;


4° Information relating to his identity, postal, telephone and electronic contact details, cancellation procedures, dispute resolution methods, other contractual terms and conditions and, where applicable, the costs of using the means of distance communication, the existence of codes of good conduct and deposits and financial guarantees;


5° Where applicable, information relating to legal guarantees, functionalities, compatibility and interoperability of the digital content, the digital service or the goods comprising digital elements, other contractual conditions and, where applicable, the existence of any restrictions on software installation;


6° The possibility of recourse to a consumer mediator under the conditions laid down in Title I of Book VI ;


7° Where the right of withdrawal exists, the conditions, timeframe and procedures for exercising this right as well as the standard withdrawal form, the conditions of presentation and details of which are laid down by decree in the Conseil d'Etat ;


8° Where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods where, due to their nature, they cannot normally be returned by post;


9° Information on the consumer's obligation to pay a fee when exercising his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network, the performance of which he has expressly requested before the end of the withdrawal period; this fee is calculated in accordance with the procedures laid down in Article L. 221-25;


10° Where the right of withdrawal cannot be exercised pursuant to article L. 221-28, information to the effect that the consumer does not benefit from this right or, where applicable, the circumstances in which he loses it;


11° The application of a personalised price on the basis of automated decision-making, where applicable.


The list and content of this information are specified by decree in the Council of State.


In the case of a sale by public auction as defined by the first paragraph of article L. 321-3 of the French Commercial Code, the information relating to the identity and postal, telephone and electronic contact details of the professional provided for in 4° of I of this article may be replaced by those of the authorised representative.


II.In addition to the information provided for in I, any professional, prior to the conclusion of a contract for the provision of services and, where there is no contract, prior to the performance of the provision of services, shall provide the additional information provided for in article L. 111-2.

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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