source: http://lexinter.net/JF/commerce_electronique.htm

E-COMMERCE

Electronic commerce is defined by the Article 14 of the Act of June 21, 2004 as ” economic activity by which a person offers or provides remote and electronic delivery of goods or services . ” . The law adds consideration also in the field of e-commerce services such as those of providing online information, marketing communications and research tools, access and retrieval, access to a network communication or accommodation information, including when they are not remunerated by those who receive them.

Electronic commerce includes commerce on the Internet (also known as e-commerce) and business to business (on networks for electronic data interchange [EDI], and by mobile commerce (m told trade).

Property in France

A person is regarded as being established in France under the French law on electronic commerce when it is installed in a stable and sustainable exercise effectively its business, whatever, in the case a corporation, the location of its headquarters.

ONLINE SALES – SERVICE DELIVERY ONLINE

Responsibility of e-commerce with respect to the buyer on the internet

The Article 15 of the Act of June 21, 2004 ( Article L. 121-20-3 of the Consumer Code) provides that electronic commerce is strictly liable in respect of the purchaser to the proper performance of obligations under the contract, that these obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against them. However, it may be exempt from all or part of its responsibility demonstrating that non-performance or improper performance of the contract is attributable to the purchaser or to the unforeseeable and unavoidable, a third party unconnected with the provision of benefits under the contract, or an event of force majeure .
Freedom of e-commerce

The e commerce freely exercised in France with the exception of the following: 1 ° gambling, including the form of paris and lotteries, authorized by law; 2 ° representational activities and assistance justice; 3 The activities of the notaries under the provisions of Article 1 of Ordinance No. 45-2590 of 2 November 1945 concerning the status of notaries. In addition to e-commerce business, when is exercised by persons established in a Member State of the European Community other than France, is subject to: 1 ° The provisions freedom of establishment and freedom to provide services within the European Community in the insurance provided for in Articles L. 361-1 to L. 364-1 of the Insurance Code; 2 Provisions relating to advertising and solicitation of undertakings for collective investment in transferable securities, provided for in Article L. 214-12 of the Monetary and Financial Code; 3 Provisions relating to competitive practices and economic concentration, in Parts II and III of Book IV of the Commercial Code; 4 ° provisions on the prohibition or the authorization of unsolicited advertising e-mailed, 5 ° Provisions of the General Tax Code, 6 ° of the rights protected by the Code of intellectual property.
Law applicable to electronic commerce

Under the article 17 of the Act of June 21, 2004 , e-commerce activity is subject to the law of the Member State in whose territory the person exercising is established, subject to the common intention that person and that are intended to goods or services. The application of this provision may result in: 1 ° deprive a consumer habitually resident in the national territory of the protection afforded by the mandatory provisions French law relating to contractual obligations, in accordance with international commitments of France. For the purposes of this section, the provisions relating to contractual obligations include provisions for elements of the contract, including those that define the rights of consumers who have a decisive influence on the decision to contract; 2 ° waive the rules of the form mandatory under French law for contracts creating or transferring rights in real property located within the national territory; 3 ° waive the rules determining the law applicable to insurance contracts for risks located in the territory of one or more States Parties to the Agreement on the European Economic Area and the commitments made ​​therein, provided for in Articles L. 181-1 to L. 183-2 of the Insurance Code.
The contracts of e-commerce are distance contracts. They are structurally contracts of adhesion .

The contract is based on an electronic signature . It is usually accompanied by an online payment, usually by credit card.

Electronic commerce is a new means of distribution.

The Act of June 21, 2004 filed in the Civil Code the following provisions concerning the exchange of information in the event of contract in electronic form
electronically can be used to provide contractual terms or information about goods or services (Article 1369-1)

The information requested for the conclusion of a contract or those made in its implementation may be sent by electronic mail if the recipient has accepted the use of this medium. (Article 1369-2)

Information for a professional may be addressed by e-mail, since it has provided email address.
If this information must be made ​​on a form, it is set, electronically available to the person to fill it (Article 1369-3)

CONCLUSION OF CONTRACT ELECTRONICS

The Act of June 21, 2004 filed in the Civil Code specific provisions on the conclusion of electronic contract

Articles 1316 to 1361-4

Supply and availability of contract terms

Article 1369-4 of the Civil Code provides that

Anyone who offers, in a professional capacity, electronic supply of goods or services, provides the contractual conditions applicable in a manner that allows their conservation and reproduction. Without prejudice to the validity conditions mentioned in the offer, the author will be bound by it as it is available electronically by him.
The offer also states:
1 º The steps to follow to conclude the contract by electronic
2 ° the technical means to the user, before the conclusion of the contract, to identify errors in data entry and correct them;
3 º The languages ​​offered for the conclusion of the contract;
4 º If archiving the contract, the terms of this filing by the offeror and the conditions for access to archived contract;
5 º means to consult electronically with professional rules and trade which the offeror intends the where appropriate, to submit.

Acceptance and acknowledgment of receipt of the order

The Article 1369-5 of the Civil Code provides that

For the contract is validly concluded, the offeree must have had the opportunity to verify the details of the order and its total price, and to correct any errors, before confirming it to express its acceptance.
The offeror shall acknowledge receipt without undue delay and by electronic command that has been well addressed.
The order, confirmation of the acceptance of the offer and the receipt shall be deemed received when the parties to whom they are addressed are able to access.

Article 1369-6 of the Civil Code provides that

An exception to the obligations referred to in 1 to 5 of section 1369-4 and the first two paragraphs of Article 1369-5 for contracts to supply goods or services which are concluded exclusively by exchange of letters electronic equipment.
It can also be waived with the provisions of Article 1369-5 and 1 to 5 of section 1369-4 in agreements between professionals

Procedure for concluding a contract electronically

Provision of contractual conditions applicable to the contract offer in electronic form in a way that allows their conservation and reproduction by anyone in a professional and offers electronic delivery of goods or services to third people.

Advertising in electronic

Section 20 of the Act of June 21, 2004 provides that

All advertising in any form whatsoever, accessible by a communication service to the public online, must be clearly identified as such. It needs to clearly identify the person or entity on whose behalf it is made. The preceding paragraph is without prejudice to provisions against misleading advertising provided for in Article L. 121-1 of the Consumer Code.

IDENTIFICATION OF ELECTRONIC MAIL ADVERTISING

The Act of June 21, 2004 introduced in the Consumer Code provisions on transparency requirements for advertising by e-mail

Commercials, including promotional offers, such as discounts, bonuses or gifts, and promotional contests or games, e-mailed, must be identified clearly and unequivocally upon receipt by the addressee or in case of technical impossibility, in the message body. Notwithstanding repressing misleading advertising provided for in Article L. 121-1, the conditions are subject to the possibility of receiving promotional offers as well as to participate in contests and promotional games where such offers, contests or games are offered electronically, must be clearly identified and easily accessible. These provisions also apply to advertisements, offers, competitions or games for professionals. “Violations of these provisions of Articles L. 121-15-1 and L. 121-15-2 are subject to the penalties provided for in Article 121-6. They are investigated and established in accordance with Article L. 121-2. Articles L. 121-3 and L. 121-4 also apply. “

INFORMATION BY E-MAIL

Information for a professional may be addressed by e-mail, since it has provided email address.
If this information must be made ​​on a form, it is set, electronically available to the person to fill it ( Article 1369-3 of the Civil Code)

CONCLUSION OF CONTRACTS BY E-MAIL

In regard to electronic contracts and their conclusion section 1369-6 of the Civil Code provides that

An exception to the obligations referred to in 1 to 5 of section 1369-4 and the first two paragraphs of Article 1369-5 for contracts to supply goods or services which are concluded exclusively by exchange of letters Electronic

SENDING OR DELIVERING A WRITTEN ELECTRONICALLY

Simple letter electronically

Article 1369-7 of the Civil Code

A single letter on the conclusion or execution of a contract can be sent by email.
The addition of the shipping date is the result of an electronic process whose reliability is presumed until proven otherwise, when it meets the requirements laid down by decree in Conseil d’Etat.

Letter electronically

Article 1369-8 of the Civil Code
A letter concerning the conclusion or execution of a contract can be sent by e-mail provided it is carried by one third by a process to identify the third party, to designate the sender to ensure the identity of the recipient and whether the letter was delivered to the recipient or not.

The contents of this letter, at the discretion of the sender, can be printed by the third paper to be delivered to the recipient or can be sent to it electronically. In the latter case, if the recipient is not a professional, he should have asked to send in this way or have accepted the use in previous exchanges.
When affixing the date of shipment or receiving the result of an electronic process, the reliability of it is presumed, unless proved otherwise, if it meets the requirements set by Order in Council of State.
A receipt may be sent to the sender electronically or by any other device allowing it to keep it.
The rules for implementing this Article shall be fixed by decree in Conseil d’Etat.

Date of submission of a written.

Article 1369-9

Except as provided in sections 1369-1 and 1369-2, the submission of a writing in electronic form is effective when the recipient, having been able to read, acknowledged receipt.
If any provision provides that the writing must be read to the recipient, the delivery of a written mail to the person as provided in the first paragraph is worth reading.

LIABILITY OF COMMERCE WITH REGARD TO THE BUYER ON THE INTERNET
ONLINE SALES – SERVICE DELIVERY ONLINE

Responsibility of e-commerce with respect to the buyer on the internet

The Article 15 of the Act of June 21, 2004 ( Article L. 121-20-3 of the Consumer Code) provides that electronic commerce is strictly liable in respect of the purchaser to the proper performance of obligations under the contract, that these obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against them. However, it may be exempt from all or part of its responsibility demonstrating that non-performance or improper performance of the contract is attributable to the purchaser or to the

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