Paragraph 2: Implementation of the legal guarantee of conformity

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Article L224-25-22

French Consumer CodeIn force

Updated 8 Nov 2023

I.-In the cases provided for in article L. 224-25-20, the consumer shall inform the trader of his decision to cancel the contract.

For contracts referred to in II of article L. 224-25-2 and for bundled offers within the meaning of article L. 224-42-2, the consumer is entitled to have all related contracts rescinded.

II.-The consumer must refrain from using the digital content or digital service or making it accessible to third parties.

If the digital content was provided on a physical medium, the consumer shall return it without undue delay and at the trader's expense if the trader requests its return no later than fourteen days after the date on which the consumer informs the trader of his decision to terminate the contract.

III.-The trader shall :

1° Refund to the consumer the price paid and return any other benefits received under the contract;

2° Where the contract provides for the supply of the digital content or digital service during a given period, refund or return the proportionate part of the price and any benefits corresponding to the period during which the digital content or digital service was non-conforming, including where the consumer used the non-conforming digital content or digital service during that period ;

3° To make available to the consumer, free of charge and within a reasonable time, in a commonly used and machine-readable format, any content, other than personal data, which was provided or created by the consumer when using the digital content or digital service provided by the trader;

4° To refrain from using any content, other than personal data, which was provided or created by the consumer in the context of the use of the digital content or digital service provided by the trader, unless that content was generated jointly by the consumer and other persons, and other consumers may continue to make use of it.

These last two obligations do not apply where that content is of no use outside the context of its use or if it relates only to the consumer's activity when using the digital content or digital service provided by the trader, or if that content has been aggregated by the trader with other data and cannot be disaggregated, or can be disaggregated only with disproportionate effort, by the trader.

The trader may prevent any further use of the digital content or digital service by making it inaccessible to the consumer or by deactivating the consumer's user account, without prejudice, however, to the consumer's rights to recover the content in accordance with this Article or to consult his invoices.

With regard to personal data, the trader shall comply with his obligations under Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Law No 78-17 of 6 January 1978 on information technology, files and freedoms.

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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