French Consumer Code
In forceI.-In addition to the compliance criteria set out in the contract, the digital content or digital service is compliant if it meets the following criteria:
1° It is fit for the use normally expected of digital content or a digital service of the same type, taking into account, where applicable, any provisions of European Union law and national law and all 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 which the trader has presented to the consumer in the form of a trial version or preview, prior to the conclusion of the contract;
3° It is provided in accordance with the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where digital content or a digital service is supplied continuously over a given period, it is supplied without interruption throughout that period;
5° Where applicable, it is supplied with all the accessories and installation instructions and customer support that the consumer may legitimately expect;
6° Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 224-25-25;
7° It corresponds to the quantity, quality and other characteristics, including in terms of functionality, compatibility, accessibility, continuity and security, that the consumer may legitimately expect for digital content or digital services of the same type, having regard to the nature of such content or services and to public statements made by the trader, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.
II.-However, the professional is not bound by any public statements mentioned in the last paragraph of I 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 contract.
III.-The consumer may not contest conformity by invoking a defect relating to one or more particular characteristics of the digital content or digital service, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.
