French Consumer Code
In forceIf the trader fails to fulfil his obligation to supply under the conditions set out in Article L. 224-25-10, the consumer may :
1° Notify the trader of the suspension of payment of all or part of the price until the trader performs, under the conditions of articles 1219 and 1220 of the Civil Code;
2° Rescind the contract if, after giving formal notice to the professional to provide the digital content or digital service, the latter has not performed without undue delay or within an additional period of time expressly agreed between the parties.
The contract shall be deemed to have been terminated on receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
The consumer may immediately terminate the contract:
1° Where the trader refuses to provide the digital content or the digital service or where it is clear that he will not provide it;
2° Where the trader does not perform his obligation to provide the digital content or the digital service on the date or on expiry of the period provided for in the first paragraph of Article L. 224-25-10 and where this date or this period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express agreement between the consumer and the trader.
When the consumer exercises his right to rescind the contract, articles L. 224-25-22 and L. 224-25-23 apply.
The provisions of this article are without prejudice to the award of damages.
