belgiquelex.be - Carrefour Bank of Legislation

21 DECEMBER 2013. - An Act to insert title VI "Market Practices and Consumer Protection" into the Economic Law Code and to incorporate the definitions specific to Book VI, and the provisions for the application of the law specific to Book VI, in Books I^er and XV of the Economic Law Code (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - The Economic Law Code
Art. 2. In book I^erTitle 2, of the Economic Law Code, reads as follows:
"Chapter 4. Specific definitions in Book VI
Art. I. 8. For the purposes of Book VI, the following definitions are applied:
1° homogeneous services: any services whose characteristics and terms are identical or similar, regardless of the time or place of execution, the service provider or the person to whom they are intended;
2° labelling: mentions, indications, directions of use, marks, images or signs relating to a homogeneous property or service on the property itself or on any packaging, document, writing, label, ring or collerette accompanying or referring to that property;
3° placed on the market: import for sale, detention for sale, offer for sale, sale, offer of lease of goods and services, the lease of goods and services, the sale of goods and services, the sale on an expensive or free basis, when these transactions are carried out by a company;
4° registered name:
(a) for agricultural and food products:
the name of protected origin, the geographical indication or any other equivalent denomination of which agricultural products or foodstuffs may avail themselves under the provisions of the European Union which determine the rules relating to their protection;
(b) for other products:
- the name of protected origin of which products originating from a particular region or place may be invoked and whose quality or characters are due mainly or exclusively to the geographic environment including natural and human factors, and whose production, transformation and development take place in the delimited geographic area, when it has been recognized to them in accordance with the applicable regional regulation;
- the geographically protected indication that may be used for products originating in a particular region or location, of which a particular quality, reputation or other characteristics may be attributed to that geographical origin, and whose production and/or transformation and/or development take place in the geographical area delimited, when recognized in accordance with the applicable regional regulation;
5° goods sold in bulk: goods which are not subject to any conditioning and which are measured or weighed by the consumer or in his presence;
6° goods sold in the room: property that cannot be split without changing its nature or properties;
7° conditioned goods: goods that have undergone splitting, weighing, counting or measuring operations, whether or not in the course of manufacture, followed by a packaging operation and intended to render useless these operations at the time of offer on sale;
8° prepackaged goods: conditioned goods that are packaged before they are offered for sale in a packaging of any kind, which covers them entirely or partially, but in such a way that the contents cannot be changed without the packaging being opened or modified.
Target:
(a) prepackaged goods in predetermined quantities: prepackaged goods in such a way that the quantity contained in the package corresponds to a value chosen in advance;
(b) prepackaged goods in variable quantities: prepackaged goods in such a way that the quantity in the package does not correspond to a value chosen in advance;
9° unit of measure: the unit referred to in Book VIII;
10° stacker: the person who actually prepacks the goods for the offer on sale;
11° conditioner: the person who conditiones the goods for the offer on sale;
12° nominal quantity: the mass or volume indicated on a prepackage and corresponding to the net quantity that this prepackage is expected to contain;
13° Advertising: any communication that has a direct or indirect purpose to promote the sale of products irrespective of the place or means of communication implemented;
14° comparative advertising: any advertisement that explicitly or implicitly identifies a competitor or goods or services offered by a competitor;
15° distance contract: any contract between the company and the consumer, within the framework of an organized system of sale or service delivery remotely, without the simultaneous physical presence of the company and the consumer, by the exclusive use of one or more remote communication techniques, up to the time, including at the time, when the contract is entered into;
16° Remote communication technique: any means that, without physical and simultaneous presence of the company and the consumer, can be used for the conclusion of the contract between these parties;
17° communication technology operator: any natural or legal person, public or private, whose professional activity is to make available to companies one or more remote communication techniques;
18° Financial service: any service related to the bank, credit, insurance, individual pension, investment and payments;
19° sustainable support: any instrument that allows the consumer or the company to store information that is personally addressed to the consumer in a way that can be used later for a period of time adapted for the purpose to which the information is intended and that allows the identical reproduction of the information stored;
20° supplier: any company that is the contractual provider of remotely contracted services;
21° joint offer: offer linking to the acquisition of goods or services, free of charge or not, the acquisition of other goods or services;
22° abusive clause: any clause or condition in a contract between a company and a consumer that, on its own or combined with one or more other clauses or conditions, creates a clear imbalance between the rights and obligations of the parties to the detriment of the consumer;
23° commercial practice: any action, omission, conduct, approach or commercial communication, including advertising and marketing, by a company, in direct relation to the promotion, sale or supply of a product;
24° substantial alteration of consumer economic behaviour: the use of a commercial practice that significantly jeopardizes the ability of the consumer to make an informed decision and consequently to make a commercial decision that it would not otherwise have made;
25° professional diligence: the level of specialized competence and care that the company is reasonably expected to demonstrate in its area of activity vis-à-vis the consumer, in accordance with honest commercial use;
26° invitation to purchase: a commercial communication indicating the characteristics of the product and its price appropriately according to the means used for this commercial communication and thus allowing the consumer to make a purchase;
27° unjustified influence: the use of a position of force vis-à-vis the consumer in such a way as to put pressure on the consumer, even without resorting to physical force or threatening to do so, in such a way that his ability to make an informed decision is significantly limited;
28° commercial decision: any decision made by a consumer concerning the opportunity, terms and conditions relating to the fact of buying, making a full or partial payment, keeping, undoing or exercising a contracting right in relation to the product, whether it has led to the act or to refrain from acting;
29° consumer collective agreement: an agreement reached within the Consumer Council between consumer organizations and professional organizations, which governs relations between companies and consumers with respect to goods or services or categories of goods or services;
30° well manufactured according to consumer specifications: well not prefabricated made on the basis of an individual choice or a consumer decision;
31° off-site contract: any contract between the company and the consumer:
(a) concluded in the simultaneous physical presence of the company and the consumer in a place that is not the business establishment; or
(b) having been offered by the consumer under the same circumstances, as indicated in point (a); or
(c) concluded in the business establishment or by means of a remote communication technique immediately after the consumer has been personally and individually requested in a place that is not the business establishment, in the simultaneous physical presence of the company and the consumer; or
(d) concluded during a tour organized by the company with the aim or effect of promoting and selling goods or services to the consumer.
32° commercial establishment:
(a) any building commercial site where the enterprise operates continuously; or
(b) any furniture commercial site where the company operates in an ordinary manner;
33° contract of sale: any contract under which the company transfers or undertakes to transfer the property to the consumer and the consumer pays or undertakes to pay the price of the goods, including contracts for both goods and services;
34° service contract: any contract other than a sales contract under which the company provides or undertakes to provide a service to the consumer and the consumer pays or undertakes to pay the price of the consumer;
35° digital content: data produced and supplied in digital form;
36° Public auction: a method of sale whereby the company proposes to consumers goods or services by means of a transparent competition procedure led by a departmental officer responsible for conducting public sales operations, to which consumers attend or may attend in person, and at the end of which the purchaser is required to acquire the said good or service;
37° commercial guarantee: any undertaking by the company or producer in respect of the consumer, in addition to its legal obligations under the guarantee of conformity, for the refund of the purchase price, replacement or repair of the property or the provision of any other service in relation to the property if the latter fails to meet the specifications or other possible elements not related to the conformity set out in the declaration of guarantee or in the corresponding advertisement made
38° incidental contract: a contract under which the consumer acquires goods or services related to a contract, such goods or services being provided by the company or a third party on the basis of an agreement between the latter and the undertaking;
Art. 3. In the same Code, a book VI is inserted, as follows:
"Book VI. Market practices and consumer protection
PART 1^er. - General principles
Art. VI. 1. § 1^er. The main purpose of this book is to regulate market practices and protect consumers, without prejudice to the specific provisions of this book in certain sectors.
It aims at the transposition of:
1. Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States concerning the mass or volume preconditioning of certain prepackaged products;
2. Council Directive 93/13/EEC of 5 April 1993 on abusive clauses in consumer contracts;
3. Directive 98/6/EC of the European Parliament and the Council of 16 February 1998 on consumer protection in the provision of consumer prices;
4. Directive 2002/58/EC of the European Parliament and the Council of 12 July 2002 on the processing of personal data and the protection of privacy in the electronic communications sector (directive privacy and electronic communications);
5. Directive 2002/65/EC of the European Parliament and the Council of 23 September 2002 on the remote marketing of financial services to consumers, and amending Council Directives 90/619/EEC, 97/7/EC and 98/27/EC;
6. Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on respect for intellectual property rights;
7. Regulation (EC) No 2006/2004 of the European Parliament and Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection legislation ("Consumer Protection Cooperation Regulations");
8. Directive 2005/29/EC of the European Parliament and the Council of 11 May 2005 on unfair business practices of companies vis-à-vis consumers in the domestic market and amending Council Directive 84/450/EEC and Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and Council and Regulation (EC) No 2006/2004 of the European Parliament and Council ("Directive on unfair trade practices");
9. Directive 2006/114/EC of the European Parliament and the Council of 12 December 2006 on misleading advertising and comparative advertising (codified version);
10. Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and the Council and repealing Council Directive 85/577/EEC and Council Directive 97/7/EC.
§ 2. In the material covered by this book, the King may, on the proposal of Ministers with Economy, Consumer Affairs, and Finance in their responsibilities, for one or more categories of financial services, make special arrangements or derogate from the application of certain provisions of this book.
Before proposing an order pursuant to paragraph 1, the Minister shall consult with the Consumer Council and the Financial Services and Markets Authority (FSMA) and shall determine the reasonable time within which the notice must be given. After this period, the notice is no longer required.
PART 2. - Market information
CHAPTER 1^er. - General consumer information obligation
Art. VI. 2. Before the consumer is bound by a contract other than a remote or off-site contract, or by a contract referred to in Article VI. 66, the company provides the following information to the consumer in a clear and understandable manner, provided that it does not come from the context:
1° the main characteristics of the product, to the appropriate extent by means of communication used and the product concerned;
2° the identity of the company, including its business number, its social reason, the geographic address of its establishment and its telephone number;
3° the total price of the product all taxes included, and all services to be paid obligatoryly by the consumer, or, where the price cannot reasonably be calculated in advance due to the nature of the product, the method of calculating the price and, where applicable, all additional costs of transport, delivery or non-ranchment or, where these costs cannot reasonably be calculated in advance, the mention that these fees may be payable;
4° where applicable, the terms and conditions of payment, delivery and execution, the date on which the company undertakes to deliver the product and the terms and conditions for the processing of claims;
5° In addition to the recall of the existence of a legal guarantee of conformity for goods, the existence of an after-sales service and trade guarantees, if any, and the conditions thereof;
6° where applicable, the duration of the contract, or, if it is an indefinite contract or automatic renewal, the terms of termination of the contract;
7° where applicable, the conditions of sale given the need for information expressed by the consumer and taking into account the use declared by the consumer or reasonably foreseeable;
8° where applicable, the functionality of digital content, including applicable technical protection measures;
9° where applicable, any relevant interoperability of digital content with certain hardware or software and other services that the company has or should reasonably be aware of.
CHAPTER 2. - Price indication
Art. VI. 3. § 1^er. Except in the case of public sale, any company that offers goods for sale to the consumer, indicates the price in writing and in an unequivocal manner.
If the goods are displayed on sale, the price is also indicated in a legible and apparent manner.
§ 2. Any company that offers homogeneous services to the consumer indicates the price in writing in a legible, apparent and unambiguous manner.
Art. VI. 4. The price indicated is the total price to be paid by the consumer, including the value added tax, all other taxes, as well as the cost of all services to be paid obligatoryly in addition by the consumer.
Art. VI. 5. Consumer prices are indicated at least in euro.
Art. VI. 6. Any advertisement for consumers who report a price indicates it in accordance with the requirements of Article VI. 4 and VI. 5, and arrangements made under Article VI. 7, 1°.
Art. VI. 7. For the products or categories of products it determines, the King may:
1° prescribing specific terms and conditions of price indication;
2° exempt from the requirement to indicate the price in an apparent manner in case of exposure on sale;
3° to determine, for services or categories of services other than homogeneous services, in which cases and according to which terms and conditions a prior quote must be issued to the consumer, provided that the consumer makes the request and that the company is willing to provide the service.
CHAPTER 3. - The name, composition and labelling of goods and services
Art. VI. 8. The statements which are labelled and which are made mandatory by this book, by its enforcement orders or by the enforcement orders made pursuant to the law of 9 February 1960 allowing the King to regulate the use of the names under which the goods are traded, the law of 14 July 1971 on the practices of trade and the law of 14 July 1991 on the practices of trade and on the
When mandatory, labelling is apparent and legible, used in the form and content set by applicable regulations, and clearly distinct from advertising.
Art. VI. 9. § 1^er. The King may, without prejudice to the competence conferred on him in the field of public health, in order to ensure the loyalty of commercial transactions or the protection of the consumer:
1° for the goods or categories of goods that He designates, prescribe the labelling and determine the markings and other elements thereof;
2° establish the conditions for the composition, constitution, presentation, quality and safety to which the goods must be held in order to be marketed, whether under a specified name or not;
3° prohibiting the marketing of goods under a specified name;
4° imposing the use of a denomination determined for the goods that are placed on the market;
5° impose the addition to the denominations under which goods are placed on the market, signs, words or phrases intended to clarify its meaning;
6° prohibit the addition of certain signs, words or speeches to the names under which goods are placed on the market.
§ 2. Before proposing an order pursuant to the previous paragraph, the Minister shall consult with the Consumer Council and the Superior Council of Independents and EMPs and shall determine the reasonable time limit within which the notice must be given. After this period, the notice is no longer required.
Art. VI. 10. For services or categories of services, the King may, in accordance with the forms prescribed by Article VI. 9, § 2, in order to ensure the loyalty of commercial transactions or the protection of the consumer:
1 to determine which description, what general mentions of services should be communicated to the consumer and how;
2° prohibit the marketing of services under a specified name;
3° imposing the use of a denomination determined for services that are put on the market;
4° impose the addition to the denominations under which the services are placed on the market, signs, words or phrases intended to clarify its meaning;
5° prohibit the addition of certain signs, words or speeches to the names under which the services are put on the market.
Where measures to be taken pursuant to this section relate to financial services, these measures are proposed jointly by the Minister and the Minister of Finance.
CHAPTER 4. - Indication of quantities
Art. VI. 11. § 1^er. Any conditioned property intended for sale is on the packaging or, in the absence of it, on the property itself, in a legible, apparent and unambiguous manner, the indication of its nominal quantity expressed in a unit of measurement.
§ 2. For goods packed in quantities exceeding 10 kg or 10 l and intended for wholesale sale, the indication of the nominal quantity expressed in a unit of measure is carried, either on the packaging or, if not, on the property itself, in a legible, apparent and unambiguous manner, either on the invoice, shipping note or any other document delivered or shipped during delivery.
§ 3. For goods delivered per cargo unit of more than 10 kg or 10 l, the nominal quantity expressed in a unit of measurement is carried on a weighing or measuring document that will be delivered to the buyer at the time of delivery.
Art. VI. 12. The requirement to indicate the nominal amount is the loader or conditioner, as the case may be.
If the goods are imported, the importer is responsible for indicating the nominal quantity.
However, the requirement to indicate the nominal amount is the responsibility of the person who makes the packaging or prepackage, when he has demonstrated the will in writing to the manufacturer, conditioner or importer, as the case may be.
Art. VI. 13. When the nominal quantity has not been indicated in accordance with the provisions of Article VI. 11 § 1^er, the company can only offer for sale the goods to the consumer after having indicated this amount expressed in units of measure, in a legible, apparent and unambiguous manner, on the packaging or, in the absence of it, on the property itself or on a letter placed near the property.
The quantity shall not be mentioned for goods sold in bulk.
Art. VI. 14. The indications provided by measuring instruments used to determine the quantities of goods sold in bulk must be readable and apparent to the average consumer.
Art. VI. 15. Any advertisement for consumers regarding prepackaged goods in pre-determined quantities that report a price, refers to the nominal quantities of the contents of the packaging in accordance with the provisions of this chapter.
Art. VI. 16. For the goods or categories of goods that He designates, the King may:
1° prescribe specific terms and conditions with respect to the indication of quantities;
2° exempt from the obligations imposed by articles VI. 11 to VI. 13;
3° dispense from the indication of the nominal quantity in a unit of measurement and prescribe another unit of sale;
4° determine the permissible deviations between the nominal amount indicated and the actual quantity, as well as the procedure for controlling these deviations;
5° fix nominal quantities for contents and/or containers of goods intended to be marketed;
6° prescribing the number of parts contained in a prepackage and determining the permissible deviations between the number indicated and the actual number, as well as the procedure for controlling these deviations.
CHAPTER 5. - Comparative advertising
Art. VI. 17. § 1^er. Comparative advertising is lawful as long as the following conditions are met, with respect to comparison:
1° it is not misleading within the meaning of Articles VI. 97 to VI. 100 and article VI. 105, 1°;
2° compares goods or services that meet the same needs or have the same purpose;
3° it objectively compares one or more essential, relevant, verifiable and representative characteristics of these goods and services, the price of which may be part of;
4° it does not cause confusion among the companies between the advertiser and a competitor or between the brands, trade names, other distinctive signs, goods or services of the advertiser and those of a competitor;
5° does not result in discrediting or denigrating marks, trade names, other distinctive signs, goods, services, activities or situations of a competitor;
6° for goods having an original name, it refers in each case to goods having the same name;
7° it does not unduly benefit from the notoriety attached to a brand, a trade name or other distinctive signs of a competitor or the original name of competing goods;
8° it does not present a good or service as an imitation or reproduction of a property or service bearing a protected trademark or trade name.
§ 2. Any comparative advertising that does not comply with the conditions set out in paragraph 1.
CHAPTER 6. - Price promotions
Section 1^re. - From the reference to its own price previously applied
Art. VI. 18. A company cannot, vis-à-vis the consumer, advertise a price reduction against the price previously applied for the same product only when the new price is lower than the reference price, which is the lowest price it applied in the month preceding the first day for which the new price is announced. The burden of proof of compliance is the responsibility of the company.
If the company operates several points of sale or uses several sales techniques, the reference price is the lowest price it applied during the period referred to in paragraph 1 in the point of sale or according to the sales technique for which the advertisement is made.
When mentioning the new price, the advertisement also mentions the reference price, or the data information allows the average consumer to calculate this reference price immediately and easily.
When the company applies a uniform reduction percentage on products or product categories, it can only mention the reference price. The announcement indicates whether or not the reduction was made.
Art. VI. 19. Except for sale in liquidation, the price reduction can only be announced for a period not exceeding one month. Except for the property referred to in Article VI. 117, § 1^er, 2°, the period during which the discount is advertised cannot be less than an entire day of sale.
The date from which the reduced price is applicable remains indicated throughout the sale period during which it is advertised as a reduced price.
Art. VI. 20. The King may, for goods and services or categories of goods and services that He designates, prescribe special terms with respect to the reference to the previous applied prices.
Art. VI. 21. The King shall designate goods, services or categories of goods or services for which the advertisements referred to in Article VI. 18, paragraph 1, are prohibited, and sets out the terms and periods of application of these prohibitions.
Before proposing an order pursuant to the previous paragraph, the Minister shall consult with the Consumer Council and the Superior Council of Independents and EMPs and shall determine the reasonable time limit within which the notice must be given. After this period, the notice is no longer required.
Section 2. - Sales in liquidation
Art. VI. 22. The use of the name "Liquidation", "Uit-verkoop" or "Ausverkauf" or any other equivalent name for the offer for sale or sale of goods is permitted only in one of the following cases and subject to the other conditions of this section:
1° the sale takes place in execution of a judicial decision;
2° heirs or cause of a deceased person who operated a business offer on sale all or part of the stock of that business collected by them;
3° a company resumes the trade of another company and offers for sale all or part of the sold stock;
4° a company that renounces its activity offers for sale all of its stock and has not disposed of similar properties, for the same reason, in the previous three years;
5° a company shall, in the premises where the offer is usually made for sale to the consumer, make changes or remedial work for a period of more than 20 working days, provided that this work makes the sale impossible and that the company has not disposed of similar goods, for the same reason, in the preceding three years;
6° a company transfers the establishment where the offer is usually made for sale to the consumer to another place, or closes its establishment, provided that it has operated the establishment for at least one year before the commencement of the sale in liquidation;
7° a loss caused serious damage to the whole or to an important part of the stock of the property of the company;
8° as a result of a case of force majeure, an important obstacle is brought to the activity;
9° the natural person who operates a business renounces any professional activity due to the admission to the pension, however, that it did not proceed to a sale in liquidation during the previous year, for the reason referred to in 4° or for the reason for the closure of the establishment referred to in 6°.
Art. VI. 23. § 1^er. The duration of the liquidation is limited to five months for the cases referred to in Article VI. 22, 1° to 8°, and to twelve months for the case referred to in Article VI. 22, 9°. The interruptions of the sale in liquidation during these periods have no suspensive effect.
Any advertisement or other advertisement concerning a liquidation must specify the date of the beginning of the sale.
§ 2. Except in the cases referred to in Article VI. 22, 1° and 7°, any sale in liquidation takes place at the points of sale where, or according to the techniques of sale with which, identical goods were usually put on sale either by the company itself, or by the deceased person or the transferring company.
A company that considers it impossible to comply with paragraph 1 may apply to the Minister or an employee designated by the Minister for that purpose, a derogation by registered letter to the position. It sets out the grounds and the place where it wishes to proceed with liquidation. The application is decided within 10 business days. If there is no reasoned refusal within this period, the exemption is expected to have been granted.
§ 3. Can only be offered for sale or sold in liquidation, the assets that are part of the stock of the company before the commencement of liquidation.
However, may also be available for sale or sale in liquidation, which, at the time of the judicial decision referred to in Article VI. 22, 1°, or at the time of the death of the person who operated a business referred to in Article VI. 22, 2°, or at the time of the claim referred to in Article VI. 22, 7° or at the time of the entry referred to in Article VI. 22, 8°, were the subject of an order that can be held for normal given its importance and date.
If the business operates a number of sales establishments, no property may, without the authorization of the Minister or the employee designated by him for that purpose, be transferred from an establishment to the place where the sale in liquidation occurs.
Authorization is sought by registered letter to the position, specifying the circumstances that warrant the application. The application is decided within 10 business days. In the absence of a reasoned refusal within this period, the transfer of property is expected to have been granted.
§ 4. Except in the case provided for in Article VI. 22, 1°, any property offered for sale in liquidation shall be subject to a reduction in price compared to the reference price, which is the lowest price that has been requested in the month preceding the first day of the sale in liquidation, either by the company itself or by the deceased or the transferring company.
When mentioning the price at which the property is sold in liquidation, the reference price is also mentioned, or the information given allows the average consumer to immediately and easily calculate this reference price.
When the company applies a uniform reduction percentage on property or property categories, it can only mention the reference price. The announcement indicates whether or not the reduction was made.
§ 5. The burden of proof of compliance with all conditions for the liquidation sale referred to in this section shall be on the person making such a sale.
Art. VI. 24. The King may determine specific notification procedures prior to the commencement of liquidation.
Section 3. - Sales on sale
Art. VI. 25. § 1^er. In order to ensure fair market practices between companies the offer on sale and sale under the name "Soldes", "Opruiming", "Solden" or "Schlussverkauf", or under any other similar name, are only allowed for the offer on sale and sale of goods at reduced prices during the following periods:
1° from 3 January to 31 January; when January 3 is a Sunday, the period takes place on January 2;
2° of 1^er July to 31 July; when 1^er July is a Sunday, the period takes place on June 30th.
§ 2. The King may amend the period referred to in paragraph 1^erwithout it being more than a month.
§ 3. The King may establish additional provisions for the sale and sale of goods under the name referred to in paragraph 1^er.
Art. VI. 26. § 1^er. Can only be offered under the names referred to in Article VI. 25, § 1^erthe property that the company has in its possession at the beginning of the periods set out in Article VI. 25, and that she offered for sale previously for at least thirty days.
§ 2. Where goods are offered on sale under the names referred to in Article VI. 25, § 1^er, these must be subject to a price reduction compared to their reference price.
This reference price is:
1° the lowest price to which the property was offered for sale during the month preceding the beginning of the periods set out in Article VI. 25, provided that the property has been offered for sale throughout this month at the same point of sale or according to the same technique of sale;
2° in all other cases, the lowest price that the company applied previously in a point of sale or according to a sales technique.
§ 3. The indication of price reduction is made in accordance with the provisions of Article VI. 18.
Art. VI. 27. The company may advertise for sales and sales offers under the names referred to in Article VI. 25, § 1^erbefore the beginning of the periods referred to in Article VI. 25, provided that this advertisement mentions the date on which it takes effect.
Art. VI. 28. The burden of proof of compliance with the conditions for sales and sales offers under the names referred to in Article VI. 25, § 1^er, is the responsibility of the company that conducts such sales.
Art. VI. 29. § 1^er. For the clothing sectors, leather goods and shoes, it is forbidden to announce price reductions that produce their effects during the waiting period.
The prohibition referred to in paragraph 1 further implies the prohibition of the broadcast of securities entitled to a reduction in prices during the waiting period.
§ 2. The waiting period is the one-month period preceding the beginning of the periods referred to in Article VI. 25.
§ 3. The King may designate property or classes of property for which the prohibition referred to in paragraph 1^er does not apply.
§ 4. The prohibition referred to in paragraph 1^er is not applicable to offers for sale and sales made during commercial events organized during the waiting period, provided these are organized by local groupings of companies or with their participation and have a maximum duration of four days per waiting period.
The King may set additional conditions to which these events may be organized.
§ 5. The waiting period referred to in paragraph 1^er, is not applicable to wind-up sales made in accordance with Articles VI. 22 to VI. 24.
Art. VI. 30. Before proposing an order under articles VI. 25 and VI. 29, the Minister consults the Consumer Council and the Superior Council of Independents and EMPs. It sets out the reasonable time frame in which the notice must be given. After this period, the notice is no longer required.
Section 4. - Refunds or price reductions
Art. VI. 31. The securities offered by a company upon the acquisition of a property or service and entitled to a subsequent refund of the price or part of the price mention the following data:
1° the name, address and, where applicable, the form of company and the company number of the transmitter;
2° the amount refunded;
3° the possible limit of their validity period, unless it is unlimited;
4° the terms and conditions of reimbursement, including the steps to be taken by the holder of the title in order to obtain the refund and the period in which the refund will be made, unless such information is provided together with the title in a separate document.
Art. VI. 32. § 1^er. Any company that is presented with a title that has been broadcast free of charge by itself or by another company and that allows its holder, to purchase one or more goods and/or services, to immediately obtain a price reduction, is obliged to accept it, provided that the terms of the offer are met.
If the title has been issued by another company than the one to which it is submitted, the obligation set out in paragraph 1^er However, only when the title mentions the data listed in paragraph 2.
§ 2. Data referred to in paragraph 1^er2 are:
1° the name, address and, where applicable, the form of company and the company number of the transmitter;
2° the amount of the reduction;
3° the goods or services that must be acquired to be able to use the title;
4° points of sale where the title can be used, unless it can be used in all points of sale where goods or services are offered on sale;
5° the duration of the title unless it is unlimited.
Art. VI. 33. Any person who issues the securities referred to in this section becomes, under the conditions of their issuance, debtor of the debt that these securities represent.
As long as the issuer of the securities referred to in Article VI. 32, is not the undertaking in which the title was filed, the issuer is required to reimburse it within a reasonable time to the undertaking in which the title was filed.
CHAPTER 7. - Miscellaneous provisions
Art. VI. 34. Without prejudice to the application of Article VI. 97, 1° and 2°, if an advertisement limited in time is advertised outside the establishment of the company for one or more goods with mention of their price, the company that no longer has the goods concerned is required to issue to the consumer, for any property of more than 25 euros whose stock is exhausted, a title giving right to its purchase within a reasonable time and according to the terms.
The obligation set out in paragraph 1^er does not apply, however, when the business:
(a) may no longer constitute a new stock of the goods concerned under the same conditions; or
(b) no longer wishes, after exhaustion of its stock, to offer on sale the goods concerned and to mention it clearly in its advertisement; or
(c) mentioned in the advertisement concerned the number of goods in stock for each of the points of sale for which the advertisement was made.
The King may adjust the amount referred to in paragraph 1.
Art. VI. 35. § 1^er. Without prejudice to the powers conferred upon him under another legal provision, the King may, by order deliberately in the Council of Ministers, for the goods or services or categories of goods or services that He determines:
1° prohibit or restrict advertising, with a view to ensuring greater protection of consumer and environmental safety;
2° to determine the minimum advertising mentions, with a view to ensuring better consumer information.
§ 2. Before proposing an order pursuant to subsection 1st, the Minister shall consult with the Consumer Council and the Superior Council of Independents and EMPs and shall determine the reasonable time within which the notice must be given. After this period, the notice is no longer required.
Art. VI. 36. § 1^er. The Commission for Ecological Labelling and Advertising is responsible for issuing advice and recommendations on advertising and labelling related to environmental effects and on the development of an ecological advertising code.
§ 2. Following the advice of the Commission and the joint initiative of the Minister and Minister with the Environment in his or her powers, the King may impose an ecological advertising code.
§ 3. The King determines the composition of the Commission. It must include, among its members, at least two representatives of environmental protection associations.
PART 3. - Contracts with consumers
CHAPTER 1^er. - General provisions
Art. VI. 37. § 1^er. When all or certain clauses of a contract between a company and a consumer are written, these clauses must be clearly and comprehensible.
§ 2. In case of doubt about the meaning of a clause, the most favorable interpretation to the consumer prevails. This interpretation rule is not applicable as part of the termination action referred to in Book XVII.
A contract between a company and a consumer may be interpreted in particular according to the business practices directly related to it.
Art. VI. 38. When a contract with a consumer has been concluded following an unfair commercial practice referred to in Article VI. 100, 12°, 16° and 17°, and Article VI. 103, 1°, 2° and 8°, the consumer may, within a reasonable period of time from the time when he was aware or should have known of his existence, require the refund of the amounts paid, without restitution of the product delivered.
When a contract with a consumer has been concluded following an unfair commercial practice referred to in Articles VI. 93 to VI. 95, VI. 100, 1° to 11°, 13° to 15°, 18° to 23°, and in article VI. 103, 3° to 7°, the judge may, without prejudice to the sanctions of common law, order the refund to the consumer of the sums he paid, without restitution by him of the product delivered.
In case of supply not requested to the consumer within the meaning of Article VI. 103, 6°, the consumer is in any case exempted from the payment of the price or any other counter-prestation, the absence of a response that does not amount to the consumer's consent.
Art. VI. 39. Without prejudice to specific regulations that expressly authorize it, it is prohibited for any company to have a letter of exchange signed by the consumer to be promised or to be guaranteed the payment of its commitments.
Art. VI. 40. It is prohibited for the company to charge telephone calls for which the consumer pays the message content, in addition to the call rate, when these calls concern the execution of a contract already entered into.
Art. VI. 41. Before the consumer is bound by a contract or offer, the company must obtain the express consent of the consumer to any additional payment to the compensation agreed under the principal contractual obligation of the company. If the company has not obtained the express consent of the consumer, but has deducted it by using default options that the consumer must reject to avoid the additional payment, the consumer is entitled to the refund of these amounts paid.
Art. VI. 42. In the event of using a means of payment, it is prohibited for the company to charge to the consumer more than the costs it bears for the use of these same means.
Art. VI. 43. § 1^er. Unless otherwise provided by the parties with respect to the time of delivery, the company delivers the goods by transferring physical possession or control to the consumer without undue delay, but no later than 30 days after the conclusion of the contract.
§ 2. In the event that the company fails to deliver the goods at the time agreed with the consumer or within the time limits referred to in paragraph 1st, the consumer directs the company to deliver the goods within an additional period of time that is appropriate to the circumstances. If the company has not made the delivery within that additional period, the consumer has the right to terminate the contract.
The first paragraph of this paragraph is not applicable to contracts of sale where the undertaking has refused to deliver the property or when delivery within the agreed delivery time is essential in the light of all circumstances surrounding the conclusion of the contract or when the consumer informs the undertaking, prior to the conclusion of the contract, that delivery on a specific date or no later than a specified date is essential. In such cases, if the company fails to deliver the goods at the time agreed with the consumer or within the time specified in paragraph 1st, the consumer has the right to terminate the contract immediately.
§ 3. When the contract is terminated, the company shall reimburse, without excessive delay, any amount paid under the contract.
§ 4. This section applies without prejudice to sanctions of common law.
Art. VI. 44. With respect to contracts that require the company to ship the goods to the consumer, the risk of loss or damage to the goods is transferred to the consumer when the consumer, or a third party designated by the consumer and other than the carrier, physically takes possession of the goods. However, the risk is transferred to the consumer on the delivery of the goods to the carrier as long as the carrier was responsible for the transport of goods by the consumer and the choice was not proposed by the company, without prejudice to the consumer's rights to the carrier.
CHAPTER 2. - Remote contracts
Section 1^re. - Remote contracts not related to financial services
Art. VI. 45. § 1^er. Before the consumer is bound by a remote contract, the company provides the following information in a clear and understandable form:
1° the main characteristics of the good or service, to the appropriate extent to the communication medium used and the property or service concerned;
2° the identity of the company, including its business number, its commercial name;
3° the geographic address where the company is established as well as its telephone number, facsimile number and e-mail address, when available, to allow the consumer to contact it quickly and to communicate with it effectively and, where applicable, the geographic address and identity of the company on whose behalf it acts;
4° if it differs from the address provided in accordance with point 3°, the geographic address of the business headquarters of the company and, where applicable, the address of the company on whose behalf it acts, to which the consumer may make a claim;
5° the total price of goods or services all taxes included or, where the price cannot reasonably be calculated in advance due to the nature of the property or service, the method of calculating the price and, where applicable, any additional costs of carriage, delivery or non-ranchment and any other possible costs or, where such additional costs cannot reasonably be calculated in advance, the mention that they may be required. In the case of an indefinite contract or a subscription contract, the total price includes the total charge per billing period. When such contracts are charged at a fixed rate, the total price also includes the total monthly costs. When the total cost cannot be reasonably calculated in advance, the method of calculating the price is communicated;
6° the cost of using the remote communication technique for the conclusion of the contract, when this cost is calculated on a basis other than the basic tariff;
7° the terms and conditions of payment, delivery and execution, the date on which the company undertakes to deliver the goods or perform the services and, where applicable, the terms and conditions provided by the company for the processing of the claims;
8° where the right of withdrawal exists, the conditions, the time limit and the procedure for exercising that right in accordance with Article VI. 49, paragraph 1, together with the retracting form model in Appendix 2 to this book;
9° where applicable, the fact that the consumer must bear the costs of returning the property in the event of a withdrawal and if the property, due to its nature, cannot normally be returned by mail, the cost of returning the property;
10° in case the consumer exercises the right of withdrawal after applying in accordance with Article VI. 46, § 8, the information that the consumer is required to pay reasonable costs to the company in accordance with Article VI. 51, § 3;
11° where the right of withdrawal is not provided in accordance with Article VI. 53, the information that the consumer will not benefit from this right or, where appropriate, the circumstances in which the consumer loses his right of withdrawal;
12° a reminder of the existence of a legal guarantee of conformity for the goods;
13° where applicable, the existence of after-sales assistance to the consumer, after-sales service and trade guarantees, as well as the related conditions;
14° where applicable, the existence of applicable codes of conduct and how to obtain a copy thereof;
15° the duration of the contract, if any, or, if it is an indefinite contract or automatic renewal, the terms of termination of the contract;
16° where applicable, the minimum duration of consumer obligations under the contract;
17° where applicable, the existence of a bond or other financial guarantees to be paid or to be provided by the consumer at the company's request, as well as the related conditions;
18° where applicable, the functionality of digital content, including applicable technical protection measures;
19°, where applicable, any relevant interoperability of digital content with certain hardware or software that the company has or should reasonably be aware of;
20° where applicable, the possibility of resorting to an extra-judicial complaint and redress procedure to which the company is subject and the means of access to it.
§ 2. In the case of a public auction, the information referred to in paragraph 1^er, 2°, 3° and 4°, may be replaced by equivalent information regarding the departmental officer responsible for conducting public sales operations.
§ 3. The information referred to in paragraph 1st, 8th, 9th and 10th may be provided by means of standardized retracting information on the model referred to in Annex 1^re of this book. The company has complied with the information obligations set out in the above-mentioned points in paragraph 1^er, 8°, 9° and 10°, if it provided the said information to the consumer, correctly completed.
§ 4. The information referred to in paragraph 1^er are an integral part of the remote contract and cannot be modified unless the contracting parties decide otherwise expressly.
§ 5. If the company has failed to comply with the information obligations relating to the additional costs and other costs referred to in paragraph 1st, 5th, or to the transfer of the property referred to in paragraph 1^er, 9°, the consumer does not support these costs.
§ 6. The burden of proof with respect to the information obligations set out in this section is the responsibility of the company.
Art. VI. 46. § 1^er. The company provides the consumer with the information provided in Article VI. 45, § 1^er, or makes this information available in a form adapted to the remote communication technique used in clear and understandable language. To the extent that this information is provided on a sustainable basis, it must be readable.
§ 2. If a remote contract to be concluded electronically requires the consumer to pay, the company informs the consumer in a clear and apparent manner, and directly before the consumer passes its order, the information provided for in Article VI. 45, § 1^er, 1°, 5°, 15° and 16°.
The company ensures that the consumer, when placing the order, explicitly recognizes that the order implies an obligation to pay. If, in order to place an order, you need to activate a button or similar function, the button or similar function only bears the easily readable mention "command with payment obligation" or a similar formula, without ambiguity, indicating that placing the order requires to pay the company. If the company does not comply with this paragraph, the consumer is not bound by the contract or by the order.
§ 3. Online trading sites clearly and legibly indicate, at the latest at the beginning of the order process, whether delivery restrictions apply and which means of payment are accepted.
§ 4. If the contract is entered into by a remote communication technique that imposes space or time constraints for the presentation of the information, the company shall, on the technique in question and before the conclusion of the contract, provide, at least, pre-contractual information concerning the main characteristics of the goods or services, the identity of the company, the total price, the right of withdrawal, the duration of the contract and, in the case of contracts with undetermined duration, 45, § 1^er, 1°, 2°, 5°, 8° and 15°. The company provides the consumer with the other information referred to in Article VI. 45, § 1^erin a form adapted in accordance with paragraph 1^er of this article.
§ 5. Without prejudice to paragraph 4, when the company contactes the consumer by telephone with a view to entering into a remote contract, it declines, at the beginning of the conversation with the consumer, its identity and, where appropriate, the identity of the person on whose behalf it makes this telephone call and specifies the commercial nature of the call.
§ 6. The King may, for sectors of professional activity or product categories, determine that, when a contract is entered into by telephone, the company must confirm the offer to the consumer and that it is bound by the offer only after having signed it or having accepted it in writing. Such confirmation may, where appropriate, take place on a sustainable medium.
§ 7. The company shall provide the consumer with the confirmation of the contract entered into, on a sustainable basis and within a reasonable period of time after the conclusion of the contract and, at the latest, at the time of delivery of the property or before the commencement of service delivery.
This confirmation includes:
(a) all information referred to in Article VI. 45, § 1^erunless the company has already provided this information to the consumer on a sustainable basis prior to the conclusion of the remote contract, and
(b) where applicable, confirmation of the express prior agreement and recognition by the consumer in accordance with Article VI. 53, 13°.
§ 8. When a consumer wants the provision of a service or the supply of water, gas or electricity, when not conditioned in a delimited or specified quantity, or urban heating begins during the withdrawal period provided for in Article VI. 47, § 2, the company requires the consumer to make an express request.
Art. VI. 47. § 1^er. Without prejudice to Article VI. 53, the consumer has a period of 14 days to withdraw from a remote contract, without having to motivate his decision and without incurring any costs other than those provided for in Article VI. 50, § 2, and Article VI. 51.
§ 2. Without prejudice to Article VI. 48, the withdrawal period referred to in paragraph 1^er expires after a period of 14 days from:
1° in respect of service contracts on the day of the conclusion of the contract;
2° with respect to sales contracts, the day on which the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the property or:
(a) in the case of multiple goods ordered by the consumer in a single order and delivered separately, on the day the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the last property;
(b) in the case of the delivery of a property consisting of lots or multiple parts, on the day the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the last batch or part;
(c) in the case of contracts for the regular delivery of goods for a specified period of time, the day on which the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the first property.
3° with respect to contracts relating to the supply of water, gas and electricity when not conditioned in a delimited volume or in a specified quantity, as well as urban heating, on the day of the conclusion of the contract.
Art. VI. 48. If the company fails to inform the consumer of its right of withdrawal as required by Article VI. 45, § 1^er, 8°, the withdrawal period expires after a period of twelve months from the end of the initial withdrawal period, determined in accordance with Article VI. 47, § 2.
If the company has communicated to the consumer the information provided in paragraph 1^er within twelve months of the day referred to in Article VI. 47, § 2, the withdrawal period expires after a period of 14 days from the day the consumer received this information.
Art. VI. 49. § 1^er. The consumer informs the company, before the expiry of the withdrawal period, of its decision to withdraw from the contract. To do so, the consumer can either:
1° use the retracting form model in Appendix 2 to this book, or
2° make another statement without ambiguity stating its decision to withdraw from the contract.
§ 2. The consumer exercised his right of withdrawal within the period of withdrawal referred to in Article VI. 47, § 2, and Article VI. 48, if it addresses the communication concerning the exercise of the right of withdrawal before the expiry of that period.
§ 3. The company may give the consumer, in addition to the possibilities referred to in paragraph 1^er, the ability to complete and transmit on-line, on the company's website, the retracting form model in Appendix 2 to this book, or another statement without ambiguity. In these cases, the company promptly communicates to the consumer an acknowledgement of receipt of the withdrawal on a sustainable basis.
§ 4. The burden of proof concerning the exercise of the right of withdrawal in accordance with this section rests with the consumer.
Art. VI. 50. § 1^er. The company reimburses all payments received from the consumer, including, where applicable, shipping costs, without undue delay and in any event within 14 days of the day on which it is informed of the consumer's decision to withdraw from the contract in accordance with Article VI. 49.
The company makes the refund referred to in the first paragraph using the same payment method as that used by the consumer for the initial transaction, unless expressly agreed by the consumer for another means of payment and provided that the refund does not cause any costs to the consumer.
§ 2. Notwithstanding paragraph 1, the company is not required to reimburse the additional costs if the consumer has expressly chosen a mode of delivery other than the less expensive standard delivery mode proposed by the company.
§ 3. With respect to sales contracts, unless it proposes to recover the goods itself, the company may differ the refund until recovery of the goods, or until the consumer has provided proof of shipment of the goods, the date being that of the first of these facts.
Art. VI. 51. § 1^er. Unless the company proposes to recover the goods itself, the consumer shall return or return the goods to the company or to a person authorized by the company to receive the goods without undue delay and, in any event, no later than 14 days after the communication of its decision to withdraw from the contract to the undertaking in accordance with Article VI. 49. This period is met if the consumer returns the goods before the expiry of the 14-day period.
The consumer only bears the direct costs caused by the return of the goods, unless the company agrees to take them on its behalf or if it has failed to inform the consumer that it must take charge of them.
§ 2. The liability of the consumer is only incurred in respect of the depreciation of the goods resulting from manipulation of the goods other than those necessary to establish the nature, characteristics and functioning of these goods. The consumer is not responsible, in any case, for the depreciation of the goods when the company failed to inform it of its right of withdrawal in accordance with Article VI. 45, § 1^er8°.
§ 3. When the consumer exercises his right of withdrawal after applying in accordance with Article VI. 46, § 8, he pays the company an amount that is proportional to what was provided until the time he informed the company of the exercise of the right of withdrawal in relation to all the benefits provided by the contract. The proportional amount to be paid by the consumer to the company is calculated on the basis of the total price agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been provided.
§ 4. The consumer is not liable for any cost:
1° for the provision of services or for the provision of water, gas or electricity, when not conditioned in a delimited volume or in a specified quantity, or urban heating, in whole or in part, during the withdrawal period, when:
(a) the company failed to provide the information referred to in Article VI. 45, § 1^er8° or 10°; or
(b) where the consumer has not expressly requested that the execution commence during the withdrawal period under Article VI. 46, § 8; or
2° for the supply, in whole or in part, of a digital content that is not provided on a material medium, when:
(a) the consumer has not given his or her express prior consent for the execution to commence before the end of the 14-day period referred to in Article VI. 47; or
(b) the consumer has not recognized the loss of his right of withdrawal by giving his agreement; or
(c) the undertaking failed to provide confirmation in accordance with Article VI. 46, § 7.
§ 5. Unless otherwise provided in Article VI. 50, § 2, and of this article, the consumer is not liable for the exercise of the right of withdrawal.
Art. VI. 52. § 1^er. The exercise of the right of withdrawal has the effect of extinguishing the obligation of the parties:
1° to execute the contract remotely, or
2° to close the contract remotely, in cases where the consumer made an offer.
§ 2. Without prejudice to Article 24, paragraph 1^er and 2, of the Act of 12 June 1991 on consumer credit, the exercise by the consumer of his right to withdraw a contract remotely in accordance with Article VI. 47 to VI. 52, § 1^er, the effect is to automatically terminate any incidental contract, at no cost to the consumer, except those referred to in Article VI. 50, § 2, and Article VI. 51.
Art. VI. 53. The consumer may not exercise the right of withdrawal under Article VI. 47 for:
1° service contracts after the service has been fully executed if the execution began with the express prior agreement of the consumer, which also recognized that it will lose its right of withdrawal once the contract has been fully executed by the company;
2° the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the company and likely to occur during the withdrawal period;
3° the supply of goods made according to consumer specifications or clearly customized;
4° the supply of goods that may deteriorate or perish quickly;
5° the supply of sealed goods that cannot be returned for reasons of health or hygiene protection and that have been sealed by the consumer after delivery;
6° the supply of goods which, after being delivered, and by their nature, are mixed in an inseparable manner with other articles;
7° the supply of alcoholic beverages whose price has been agreed upon at the time of the conclusion of the sale contract, whose delivery can only be made after thirty days and whose actual value depends on fluctuations in the market beyond the control of the company;
8° the contracts in which the consumer has expressly requested the company to visit it in order to carry out urgent maintenance or repair work. If, on the occasion of this visit, the company provides services in addition to those specifically required by the consumer or goods other than the spare parts required for maintenance or repair work, the right of withdrawal applies to such additional services or goods;
9° the provision of sealed audio or video records or sealed computer software that were sealed after delivery;
10° the provision of a newspaper, periodical or magazine except for subscription contracts to these publications;
11° contracts entered into during a public auction;
12° provision of accommodation services other than for residential purposes, transportation of goods, car rental, restoration or services related to leisure activities if the contract provides a specific date or period of execution;
13° the provision of a digital content not provided on a material medium if the execution began with the express prior agreement of the consumer, which also recognized that it will thus lose its right of withdrawal;
14° contracts for betting and lotterie services.
Section 2. - Remote financial services contracts
Art. VI. 54. For contracts relating to financial services with a first service agreement followed by successive transactions or a series of separate transactions of the same nature that have been phased over time, the provisions of this section apply only to the first agreement.
If there is no first agreement, but that the successive or separate transactions of the same kind are carried out in time between the same parties to the contract, Articles VI. 55 and VI. 56 are applicable only when the first operation is performed. However, in cases where no such operation is carried out for more than one year, the following operation is considered to be the first of a new series of operations, to which articles VI. 55 and VI. 56 apply.
Art. VI. 55. § 1^er. In due course, before the consumer is bound by a contract or offer, he must be informed unequivocally, in a clear and understandable manner, and by any means adapted to the remote communication technique used, at least on the following:
1° the supplier
(a) the identity of the supplier, including its business number, main activity, geographic address, and any other geographic address to be taken into account in the relationship between the consumer and the supplier;
(b) in the case where the supplier is represented in the Member State in which the consumer has his residence, the identity of that representative and the geographic address to be taken into account in the relations between the consumer and the representative;
(c) if the consumer has relations with a company other than the supplier, the identity of that company, the quality in which it acts with respect to the consumer and the geographic address to be taken into account in the relations between the consumer and that company;
(d) in the case where the activity of the supplier and/or the other business with which the consumer has relations is subject to an authorization regime, the contact information of the competent supervisory authority;
2° the financial service
(a) a description of the main characteristics of the financial service;
(b) the total price due by the consumer to the company for the financial service, including all related remuneration, expenses and expenses, and all taxes and taxes to be paid through the company or, where an exact price cannot be indicated, the basis for calculating the price, allowing the consumer to verify it;
(c) where appropriate, the indication that the financial service is linked to instruments that involve particular risks because of their specificities or operations to be performed, or whose price depends on fluctuations in the financial markets on which the supplier has no influence, as well as the indication that past performance cannot give any guarantee as to future performance;
(d) the indication of the possible existence of other taxes, taxes and/or fees that are not paid through or imposed by the company;
(e) any limitation of the validity of the information provided;
(f) payment and execution modes;
(g) any specific additional cost to the consumer related to the use of the remote communication technology, where this additional cost is charged;
3° the contract remotely
(a) the existence or absence of the right of withdrawal referred to in Article VI. 58 and, if that right exists, its duration and the terms of its exercise, including information on the amount that the consumer may be required to pay on the basis of Article VI. 59, § 1^eras well as the consequences arising from the lack of exercise of this right;
(b) the minimum length of the distance contract, in the case of a permanent or periodic provision of financial services;
(c) information on the right of parties to terminate the contract in advance or unilaterally under the terms of the distance contract, including any termination allowances imposed by the contract;
(d) practical instructions for the exercise of the right of withdrawal indicating, inter alia, the address to which the notification must be sent;
(e) the legislation(s) on which the company is based to establish relations with the consumer prior to the conclusion of the contract;
(f) any contractual clause concerning the law applicable to the contract and/or the competent court;
(g) the language or languages in which the terms and conditions of the contract are communicated, as well as the prior information referred to in this section, and in addition, the language or languages in which the company undertakes, in agreement with the consumer, to communicate during the term of the contract;
4th appeal;
(a) the existence or absence of extra-judicial procedures for consumer-accessible claims and remedies that are a party to the remote contract and, if such procedures exist, the terms and conditions for access to it;
(b) the existence of collateral funds or other compensation mechanisms, not covered by the Act of 22 March 1993 on the Status and Control of Credit Institutions and the Act of 17 December 1998 establishing a Fund for the Protection of Deposits and Financial Instruments and reorganizing systems for the protection of deposits and financial instruments.
The commercial purpose of this information must be unequivocal.
§ 2. Information relating to contractual obligations, to be communicated to the consumer in a pre-contractual phase, shall be in conformity with the contractual obligations that would result from the presumed law applicable to the remote contract in the event of its conclusion.
Art. VI. 56. In the case of voice communication, the identity of the company and the commercial purpose of the call must be clearly and explicitly indicated at the beginning of any conversation with the consumer.
Subject to the formal consumer agreement, only the following information shall be provided:
(a) the identity and quality of the person in contact with the consumer and its relationship with the supplier;
(b) a description of the main characteristics of the financial service;
(c) the total price due by the consumer to the company for the financial service, including all related remuneration, expenses and expenses, and all taxes and taxes to be paid through the company or, where an exact price cannot be indicated, the basis for calculating the price, allowing the consumer to verify it;
(d) the indication of the possible existence of other taxes, taxes and/or fees that are not paid through or imposed by the company;
(e) the existence or absence of the right of withdrawal under Article VI. 58 and, if that right exists, its duration and the terms of its exercise, including information on the amount that the consumer may be required to pay on the basis of Article VI. 59, § 1^eras well as the consequences arising from the lack of exercise of this right.
The company informs the consumer that other information may be provided upon request and the nature of this information. In any event, the company provides complete information when it meets its obligations under Article VI. 57.
Art. VI. 57. § 1^er. In due time, and before the consumer is bound by a remote contract or offer, the company shall communicate to it all the terms and conditions of the contract and the information referred to in Article VI. 55, § 1^er, on paper or other durable support, made available to the consumer and to which the consumer has access.
§ 2. The undertaking fulfils its obligation under subsection 1^er, immediately after the conclusion of the remote contract, if it has been concluded, at the request of the consumer, using a remote communication technique that does not allow to transmit the contractual conditions and information in accordance with paragraph 1^er.
§ 3. At any time during the contractual relationship, the consumer has the right, if requested, to receive the contractual conditions on paper. In addition, the consumer has the right to change the remote communication technologies used, unless it is incompatible with the distance contract entered into or with the nature of the financial service provided.
Art. VI. 58. § 1^er. The consumer has at least 14 calendar days to withdraw from the remote contract on a financial service. This right is exercised without penalties and without any indication of reason.
For the exercise of this right the short period:
- from the day the remote contract is concluded;
- from the day on which the consumer receives the contractual conditions and information, in accordance with Article VI. 57, § 1^er or § 2, if the last date is after the date referred to in the first dash.
The deadline shall be deemed to be met if the notification, provided that it has been made in writing or on a sustainable medium that is available to the recipient and to which it has access, has been sent before the expiry of the period.
§ 2. The right of withdrawal does not apply:
1° to financial services whose price depends on fluctuations in the financial market on which the supplier has no influence, and which are likely to occur during the withdrawal period.
This applies in particular to services related to:
- exchange transactions;
- monetary market instruments;
- negotiable securities;
- shares in collective investment companies;
- term financial contracts ("future"), including equivalent instruments resulting in a cash settlement;
- futures contracts on interest rates ("FRA");
- exchange contracts ("swaps") on interest rates or foreign exchange contracts and exchange contracts on shares or equity indices ("equity swaps");
- options to purchase or sell the instruments covered by this item, including equivalent instruments resulting in a cash settlement, in particular currency options and interest rates;
2° to contracts executed entirely by both parties, at the express request of the consumer, before the consumer exercises his right of withdrawal;
3° to mortgage credit contracts subject to the Law of 4 August 1992 on mortgage credit.
§ 3. If another contract for financial services prescribed by a supplier or a third party on the basis of an agreement between the third party and the undertaking has been deferred to a remote contract for a particular financial service, the additional contract shall be terminated, without penalty, if the consumer exercises his right of withdrawal referred to in paragraph 1.
Art. VI. 59. § 1^er. During the withdrawal period, the execution of the contract can only begin after the consumer's agreement.
When the consumer exercises the right of withdrawal referred to in Article VI. 58, § 1^er, it can only be held upon payment, as soon as possible, of the financial service actually provided by the supplier under the remote contract.
The amount payable cannot:
- exceed a proportional amount to the importance of the service already provided in relation to all the benefits provided by the remote contract;
- in no case be so high that it can be interpreted as a penalty.
§ 2. The supplier may not require payment by the consumer on the basis of paragraph 1^er that if it can prove that the consumer has been duly informed of the amount due in accordance with Article VI. 55, § 1^er3°, a. In no case may he require payment if he has commenced the contract before the expiry of the withdrawal period provided for in Article VI. 58, § 1^erwithout prior consumer demand.
§ 3. The supplier is required to refund to the consumer, as soon as possible and no later than 30 calendar days, all amounts collected from the consumer in accordance with the distance contract, with the exception of the amount referred to in paragraph 1^er. This period begins on the day the supplier receives notification of the withdrawal.
§ 4. The consumer shall return to the supplier, as soon as possible and no later than 30 calendar days, any sum and/or property received by the supplier. This period runs from the day the consumer sends the notification of withdrawal.
Art. VI. 60. § 1^er. The supplier is responsible to the consumer for complying with the obligations resulting from Article VI. 55 to VI. 57.
§ 2. In the event of non-compliance with obligations arising from articles VI. 55, § 1^er, 2° and 3°, VI. 56 and VI. 57, the consumer may terminate the contract without charge or penalty, by registered letter to the position and motivated, within a reasonable period of time from the time that the consumer is aware of or should have known of the non-compliance.
Art. VI. 61. The sending of representative goods and securities of services is always at the risk of the one with which the consumer contracted.
Section 3. - Provisions common to this chapter
Art. VI. 62. It is the responsibility of the company to provide evidence that it has complied with obligations relating to consumer information, compliance with deadlines, consumer consent to the conclusion of the contract and, where applicable, its execution during the withdrawal period.
Art. VI. 63. The terms and conditions, or combinations of clauses and conditions that are intended to provide the consumer with proof of compliance with all or part of the obligations referred to in this section, involving the company and, in the event of a distance contract involving financial services, the supplier, are prohibited and void.
Any clause by which the consumer waives the rights conferred on him by this section is deemed to be non-written.
Any clause declaring applicable to the contract the law of a third State to the European Union is prohibited and void in respect of matters governed by this section when, in the absence of this clause, the law of a Member State of the European Union would be applicable and that this law would provide greater protection to the consumer in such matters.
CHAPTER 3. - Off-site contracts
Art. VI. 64. § 1^er. Before the consumer is bound by an off-site contract, the company provides the following information in a clear and understandable form:
1° the main characteristics of the good or service, to the appropriate extent to the communication medium used and the property or service concerned;
2° the identity of the company, including its business number, its commercial name;
3° the geographic address where the company is established as well as its telephone number, facsimile number and e-mail address, when available, to allow the consumer to contact it quickly and to communicate with it effectively and, where applicable, the geographic address and identity of the company on whose behalf it acts;
4° if it differs from the address provided in accordance with point 3°, the geographic address of the business headquarters of the company and, where applicable, the address of the company on whose behalf it acts, to which the consumer may make a claim;
5° the total price of goods or services all taxes included or, where the price cannot reasonably be calculated in advance due to the nature of the property or service, the method of calculating the price and, where applicable, any additional costs of carriage, delivery or non-ranchment and any other possible costs or, where such additional costs cannot reasonably be calculated in advance, the mention that they may be required. In the case of an indefinite contract or a subscription contract, the total price includes the total charge per billing period. When such contracts are charged at a fixed rate, the total price also includes the total monthly costs. When the total cost cannot be reasonably calculated in advance, the method of calculating the price is communicated;
6° the terms and conditions of payment, delivery and execution, the date on which the company undertakes to deliver the goods or perform the services and, where applicable, the terms and conditions provided by the company for the processing of the claims;
7° where the right of withdrawal exists, the conditions, the time limit and the procedure for exercising that right in accordance with Article VI. 69, paragraph 1^eras well as the retracting form model in Appendix 2 to this book;
8° where applicable, the fact that the consumer must bear the costs of returning the property in case of withdrawal;
9° in case the consumer exercises the right of withdrawal after applying in accordance with Article VI. 65, § 2, 2^e paragraph, the information that the consumer is required to pay reasonable costs to the business in accordance with section VI. 71, § 3;
10° where the right of withdrawal is not provided in accordance with Article VI. 73, the information that the consumer will not benefit from this right or, where applicable, the circumstances under which the consumer loses his right of withdrawal;
11° a reminder of the existence of a legal guarantee of conformity for the goods;
12° where applicable, the existence of after-sales assistance to the consumer, after-sales service and trade guarantees, as well as the related conditions;
13° where applicable, the existence of applicable codes of conduct and how to obtain a copy thereof;
14° where applicable, the duration of the contract or, if it is an indefinite contract or automatic renewal, the terms of termination of the contract;
15° where applicable, the minimum duration of consumer obligations under the contract;
16° where applicable, the existence of a bond or other financial guarantees to be paid or to be provided by the consumer at the request of the company, as well as the related conditions;
17° where applicable, the functionality of digital content, including applicable technical protection measures;
18° where applicable, any relevant interoperability of digital content with certain hardware or software that the company has or should reasonably be aware of;
19° where applicable, the possibility of resorting to an extra-judicial complaint and redress procedure to which the company is subject and the terms and conditions of access to it.
§ 2. In the case of a public auction, the information referred to in paragraph 1^er, 2°, 3° and 4°, may be replaced by equivalent information regarding the departmental officer responsible for conducting public sales operations.
§ 3. The information referred to in paragraph 1, points 7°, 8° and 9°, may be provided by means of standardized retracting information on the model referred to in Annex 1^re of this book. The company has complied with the information obligations set out in paragraph 1^er, 7°, 8° and 9° , if it provided the said information to the consumer, correctly completed.
§ 4. The information referred to in paragraph 1^er are an integral part of the non-institutional contract and cannot be modified unless the contracting parties decide otherwise expressly.
§ 5. If the company has failed to comply with the additional costs and other costs related to subsection 1^er, 5°, or the transfer of property, referred to in paragraph 1^er, 8°, the consumer does not support these costs.
§ 6. The burden of proof with respect to the information obligations set out in this section is the responsibility of the company.
§ 7. The King may, with respect to non-institutional contracts by which the consumer has explicitly relied on the services of the company to perform repair or maintenance work and under which the company and the consumer immediately carry out their contractual obligations and the payment to be made by the consumer does not exceed 200 euros, establish exemptions to the obligation of information provided for in paragraph 1^er.
Art. VI. 65. § 1^er. The company provides the information provided in Article VI. 64, § 1^er, to the consumer on paper or, by agreement of the consumer, on another sustainable medium. This information is readable and written in clear and understandable language.
§ 2. The company shall provide the consumer with a copy of the signed contract or the confirmation of the contract on paper or, by agreement of the consumer, on another sustainable medium, including, where applicable, the confirmation of the express prior agreement and the recognition by the consumer in accordance with Article VI. 73, 13°.
When a consumer wants the provision of a service or the supply of water, gas or electricity, when not conditioned in a delimited or specified quantity, or urban heating begins during the withdrawal period provided for in Article VI. 67, § 2, the company requires the consumer to make an express request on a sustainable basis.
Art. VI. 66. Do not fall under the application of this chapter:
1° sales of foodstuffs, beverages and other household goods, delivered physically by a company, during frequent and regular visits to the home, place of residence or work of the consumer;
2° insurance contracts;
3° the sales organized in the context of commercial and exclusively philanthropic events, subject to the conditions established under the Act of 25 June 1993 relating to the exercise of ambulant activities and the organization of public markets, and provided that their amount does not exceed 50 euros. The King may adapt this amount as long as it does not exceed 50 euros;
4° consumer credit contracts subject to consumer credit legislation.
Art. VI. 67. § 1^er. Without prejudice to Article VI. 73, the consumer has 14 days to withdraw from an off-site contract, without having to motivate his decision and without paying any costs other than those provided for in Article VI. 70, § 1^erparagraph 2, and article VI. 71.
§ 2. Without prejudice to Article VI. 68, the withdrawal period referred to in paragraph 1 shall expire after a period of 14 days from:
1° in respect of service contracts on the day of the conclusion of the contract;
2° with respect to sales contracts, the day on which the consumer or a third party other than the carrier and designated by the consumer takes physical possession of the property or:
(a) in the case of multiple goods ordered by the consumer in a single order and delivered separately, on the day the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the last property;
(b) in the case of the delivery of a property consisting of lots or multiple parts, on the day the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the last batch or part;
(c) in the case of contracts for the regular delivery of goods for a specified period of time, the day on which the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the first property.
3° with respect to contracts relating to the supply of water, gas and electricity when not conditioned in a delimited volume or in a specified quantity, as well as urban heating, on the day of the conclusion of the contract.
A deposit or payment may not, under any pretext, be required or accepted from the consumer before the delivery of a seven working days, as of the day after the contract is signed. This paragraph does not apply to contracts outside institutions entered into in trade shows, fairs and exhibitions.
Art. VI. 68. If the company fails to inform the consumer of its right of withdrawal as required by Article VI. 64, § 1^er, 7°, the withdrawal period expires after a period of twelve months from the end of the initial withdrawal period, determined in accordance with Article VI. 67, § 2.
If the company has communicated to the consumer the information provided in paragraph 1^er within twelve months of the day referred to in Article VI. 67, § 2, the withdrawal period expires after a period of fourteen days from the day that the consumer received this information.
Art. VI. 69. § 1^er. The consumer informs the company, before the expiry of the withdrawal period, of its decision to withdraw from the contract. To do so, the consumer can either:
1° use the retracting form model in Appendix 2 to this book, or
2° make another statement without ambiguity stating its decision to withdraw from the contract.
§ 2. The consumer exercised his right of withdrawal within the period of withdrawal referred to in Article VI. 67, § 2, and Article VI. 68, if it addresses the communication concerning the exercise of the right of withdrawal before the expiry of that period.
§ 3. The company may give the consumer, in addition to the possibilities referred to in paragraph 1^er, the ability to complete and transmit on-line, on the company's website, the retracting form model in Appendix 2 to this book, or another statement without ambiguity. In these cases, the company promptly communicates to the consumer an acknowledgement of receipt of the withdrawal on a sustainable basis.
§ 4. The burden of proof concerning the exercise of the right of withdrawal in accordance with this section rests with the consumer.
Art. VI. 70. § 1^er. The company reimburses all payments received from the consumer, including, where applicable, shipping costs, without undue delay and in any event within 14 days of the day on which it is informed of the consumer's decision to withdraw from the contract in accordance with Article VI. 69.
The company makes the refund referred to in the first paragraph using the same payment method as that used by the consumer for the initial transaction, unless expressly agreed by the consumer for another means of payment and provided that the refund does not cause any costs to the consumer.
§ 2. Notwithstanding paragraph 1^er, the company is not required to refund the additional costs if the consumer has expressly chosen a mode of delivery other than the less expensive standard delivery mode proposed by the company.
§ 3. With respect to sales contracts, unless it proposes to recover the goods itself, the company may differ the refund until recovery of the goods, or until the consumer has provided proof of shipment of the goods, the date being that of the first of these facts.
Art. VI. 71. § 1^er. Unless the company proposes to recover the goods itself, the consumer returns or renders the goods to the company or to a person authorized by the company to receive the goods without excessive delay and, in any event, no later than 14 days after the communication of its decision to withdraw from the contract to the company in accordance with Article VI. 69. This deadline is met if the consumer returns the goods before the expiry of the 14-day period.
The consumer only bears the direct costs caused by the return of the goods, unless the company agrees to take them on its behalf or if it has failed to inform the consumer that it must take charge of them.
When the goods were delivered to the consumer's home at the time of the contract's conclusion, the company recovers the goods at its expense if they cannot be returned normally by mail because of their nature.
§ 2. The liability of the consumer is only incurred in respect of the depreciation of the goods resulting from manipulation of the goods other than those necessary to establish the nature, characteristics and functioning of these goods. The consumer is not responsible, in any case, for the depreciation of the goods when the company failed to inform it of its right of withdrawal in accordance with Article VI. 64, § 1^er7°.
§ 3. When the consumer exercises his right of withdrawal after making an express request in accordance with Article VI. 65, § 2, paragraph 2, shall pay the company an amount that is proportional to what has been provided until the time it has informed the company of the exercise of the right of withdrawal in relation to all the benefits provided by the contract. The proportional amount to be paid by the consumer to the company is calculated on the basis of the total price agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been provided.
§ 4. The consumer is not liable for any cost:
1° for the provision of services or for the provision of water, gas or electricity, when not conditioned in a delimited volume or in a specified quantity, or urban heating, in whole or in part, during the withdrawal period, when:
(a) the company failed to provide the information referred to in Article VI. 64, § 1^er, 7° and 9°, or
(b) where the consumer has not expressly requested that the execution commence during the withdrawal period under Article VI. 65, § 2, paragraph 2, or
2° for the supply, in whole or in part, of a digital content that is not provided on a material medium, when:
(a) the consumer has not given his or her express prior consent for the execution to commence before the end of the 14-day period referred to in Article VI. 67; or
(b) the consumer has not recognized the loss of his right of withdrawal by giving his agreement; or
(c) the undertaking failed to meet the obligations under Article VI. 65, § 2.
§ 5. Unless otherwise provided in Article VI. 70, § 2, and of this article, the consumer is not liable for the exercise of the right of withdrawal.
Art. VI. 72. § 1^er. The exercise of the right of withdrawal has the effect of extinguishing the obligation of the parties:
1° to execute the contract out of place, or
2° to conclude the contract out of place, in cases where the consumer made an offer.
§ 2. Without prejudice to Article 24, paragraph 1^er and 2, of the Consumer Credit Act of 12 June 1991, the exercise by the consumer of the right to withdraw a non-institutional contract in accordance with section VI. 67 to VI. 71, the effect is to automatically terminate any incidental contract, at no cost to the consumer, except those referred to in Article VI. 70, § 2 and Article VI. 71.
Art. VI. 73. The consumer may not exercise the right of withdrawal under Article VI. 67 for:
1° service contracts after the service has been fully executed if the execution began with the express prior agreement of the consumer, which also recognized that it will lose its right of withdrawal once the contract has been fully executed by the company;
2° the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the company and likely to occur during the withdrawal period;
3° the supply of goods made according to consumer specifications or clearly customized;
4° the supply of goods that may deteriorate or perish quickly;
5° the supply of sealed goods that cannot be returned for reasons of health or hygiene protection and that have been sealed by the consumer after delivery;
6° the supply of goods which, after being delivered, and by their nature, are mixed in an inseparable manner with other articles;
7° the supply of alcoholic beverages whose price has been agreed upon at the time of the conclusion of the sale contract, whose delivery can be made only after 30 days and whose actual value depends on fluctuations in the market beyond the control of the company;
8° the contracts in which the consumer has expressly requested the company to visit it in order to carry out urgent maintenance or repair work. If, on the occasion of this visit, the company provides services in addition to those specifically required by the consumer or goods other than the spare parts required for maintenance or repair work, the right of withdrawal applies to such additional services or goods;
9° the provision of sealed audio or video records or sealed computer software that were sealed after delivery;
10° the provision of a newspaper, periodical or magazine except for subscription contracts to these publications;
11° contracts entered into during a public auction;
12° provision of accommodation services other than for residential purposes, transportation of goods, car rental, restoration or services related to leisure activities if the contract provides a specific date or period of execution;
13° the provision of a digital content not provided on a material medium if the execution began with the express prior agreement of the consumer, which also recognized that it will thus lose its right of withdrawal;
14° contracts for the construction of new buildings and the significant transformation of existing buildings.
Art. VI. 74. The offer for sale and sale of products through ambulant activities is permitted only to the extent that it complies with the legislation relating to these activities. For the surplus, the provisions of this book apply to it.
CHAPTER 4. - Public sales
Art. VI. 75. § 1^er. Are subject to the provisions of this chapter, offers for sale and public sales to the consumer, either at auction or at discounts, as well as exhibition, for such sales, of manufactured goods, with the exception of offers for sale and sales:
1. non-commercial;
2. covering objects of art or collection - excluding carpets and jewellery - or antiques;
3. carried out pursuant to a legal provision or judicial decision;
4. in case of reorganization or bankruptcy;
5. made using a remote communication technique.
§ 2. The King may prescribe special terms and conditions for offers on sale and public sales of the goods that He determines.
Art. VI. 76. § 1^er. Offers for sale and public sales within the meaning of Article VI. 75 are permitted only when they are related to used property.
§ 2. It is deemed used, any property that has apparent signs of use, unless the apparent signs of use are the exclusive result of an artificial aging treatment, as well as any property in which the company can prove that it has already been used in a normal way.
Art. VI. 77. The King may, for specific property, authorize derogations to the provision of Article VI. 76, § 1^erwhere the offer for sale or sale of these goods by other sales processes is difficult or impossible.
Art. VI. 78. Offers for sale and public sales within the meaning of Article VI. 75 may be held only in premises exclusively for that purpose, unless the Minister or the official designated by him or her for that purpose has been granted, if necessary.
Any organizer of an offer for sale or a public sale shall be liable for compliance with the provisions of paragraph 1^er and Article VI. 76.
The organizer mentions, in a legible manner, his name, name or name, his domicile or his head office and his company number in any advertisement, advertisement or document relating to the offer for sale and public sale.
Art. VI. 79. The departmental officer responsible for conducting public sales operations must refuse to assist operations that do not comply with the provisions of this chapter.
CHAPTER 5. - Joint supply
Art. VI. 80. Without prejudice to Article VI. 81, the joint offer to the consumer is authorized provided that it does not constitute an unfair commercial practice within the meaning of Articles VI. 93 et seq.
Art. VI. 81. § 1^er. Any joint offer to the consumer, of which at least one element is a financial service, which is carried out by a company or by different companies acting with a common purpose, is prohibited.
§ 2. Derogation from paragraph 1^er, however, it is permissible to offer jointly:
1° of the financial services that constitute a whole;
The King may, on the proposal of the competent ministers and the Minister of Finance, designate the services proposed in the financial sector that consituate a package;
2° of financial services and menus of goods and services permitted by commercial use;
3° of financial services and securities of participation in legally authorized lotteries;
4° of financial services and articles covered by indelible and clearly apparent advertisements, which are not as such in trade, provided that their acquisition prices by the company do not exceed 10 euros, excluding VAT, or 5% of the price, excluding VAT, of the financial service with which they are awarded. The 5% percentage applies if the amount corresponding to this percentage is greater than 10 euros;
5° of financial services and chromos, thumbnails and other images of a minimum commercial value;
6° of the financial services and securities consisting of documents giving right, after acquiring a number of services, to a free offer or a price reduction when acquiring a similar service, provided that this benefit is obtained by the same company and does not exceed one third of the previously acquired service price.
Titles must mention the possible limit of their validity period, as well as the terms and conditions of the offer.
When the company interrupts its offer, the consumer must benefit from the advantage offered on the pro-rata basis of previous purchases.
CHAPTER 6. - Undue clauses
Art. VI. 82. The abusive nature of a contractual clause is appreciated by taking into account the nature of the products that are the subject of the contract and by referring, at the time of the conclusion of the contract, to all the circumstances surrounding its conclusion, as well as to all other clauses of the contract, or to another contract of which it depends.
For the assessment of the abusive nature, it is also taken into account the requirement of clarity and understanding referred to in Article VI. 37, § 1^er .
The assessment of the abusive nature of the clauses does not relate to the definition of the principal object of the contract, or to the adequacy between the price and the remuneration on the one hand, and the goods or services to be provided for consideration, on the other hand, provided that these clauses are clearly and understandably drafted.
Art. VI. 83. In contracts between a company and a consumer, in any case are abusive, the clauses and conditions or combinations of clauses and conditions which are intended to:
1° provide for an irrevocable commitment of the consumer, while the performance of the company's benefits is subject to a condition whose realization depends on its sole will;
2° to determine, in indefinite contracts, that the price of the goods is fixed at the time of delivery or allow the company to unilaterally increase the price or change the conditions to the detriment of the consumer on the basis of elements that depend on its sole will, without the consumer having the right, in all such cases, before the new price or conditions apply, to terminate the contract without reasonable costs or damages.
However, are authorized and valid:
(a) price indexing clauses provided that they are not unlawful and that the mode of adaptation of the price is explicitly described in the contract;
(b) the terms that the financial services business reserves the right to change the interest rate due by the consumer or due to the consumer, without any prior notice in case of valid reason, provided that the company is responsible for the obligation to inform the consumer as soon as possible and that the consumer is free to terminate the contract immediately;
3° to determine, in fixed-term contracts, that the price of the goods is fixed at the time of delivery or to allow the company to unilaterally increase the price or change the conditions to the detriment of the consumer on the basis of elements that depend on its sole will, even if the possibility of ending the contract is then offered to the consumer.
Exceptions under 2°, paragraph 2, also apply with respect to the case referred to in paragraph 1^er;
4° reserve to the company the right to unilaterally modify the characteristics of the product to be delivered, if these characteristics are essential to the consumer or for the use to which the consumer destines the product, at least as long as this use has been communicated to the company and accepted by the company or as otherwise specified, that use has been reasonably foreseeable;
5° unilaterally fix or modify the delivery time of a product;
6° grant the company the right to determine unilaterally whether the product delivered is in accordance with the contract, or give it the exclusive right to interpret any clause of the contract;
7° prohibit the consumer from requesting the contract resolution in case the company does not perform its obligations;
8° restricting the consumer's right to terminate the contract when, within the framework of its contractual guarantee obligation, the company does not respect or fail to comply with its obligation to repair or replace the property within a reasonable period of time;
9° obligate the consumer to fulfil its obligations, while the company would not have executed its own or would fail to enforce its obligations;
10° without prejudice to Article 1184 of the Civil Code, allowing the company to unilaterally terminate the fixed-term contract, without compensation for the consumer, except for the case of force majeure;
11° without prejudice to Article 1184 of the Civil Code, allowing the company to unilaterally terminate the indefinite contract without a reasonable notice period, except for the case of force majeure;
12° in case of force majeure, allow the consumer to break the contract only with the payment of damages;
13° to release the company from its responsibility because of its dol, its heavy fault or that of its agents or agents, or, except in the case of force majeure, as a result of any failure to perform an obligation consisting of one of the main benefits of the contract;
14° delete or decrease the legal warranty in respect of hidden defects, provided for in articles 1641 to 1649 of the Civil Code, or the legal obligation to issue a property in accordance with the contract, provided for in articles 1649bis to 1649octies of the Civil Code;
15° fix an unreasonably short period to report defects to the company in the product delivered;
16° prohibit the consumer from compensating his debt to the company by a debt he would have on it;
17° determine the amount of compensation payable by the consumer who does not perform its obligations, without providing for compensation in the same order of the company that does not perform its obligations;
18° engage the consumer for an indefinite period, without specifying a reasonable period of termination;
19° extend the fixed-term contract for successive delivery of goods for an unreasonable period if the consumer does not terminate on time;
20° automatically extend a fixed-term contract in the absence of a contrary notification from the consumer, whereas an excessively distant date from the end of the contract has been set as the deadline to express this desire for non-prorogation from the consumer;
21° to limit unauthorised evidence that the consumer may use or impose a burden of proof normally on another party to the contract;
22° give up the consumer, in the event of a conflict, to any remedy against the company;
23° to designate a judge other than that designated by section 624, 1°, 2° and 4° of the Judicial Code, without prejudice to the application of Council Regulation (EC) No 44/2001 of 22 December 2000 concerning judicial competence, recognition and enforcement of civil and commercial decisions;
24° fix amounts of damages claimed in the event of non-performance or delay in the performance of consumer obligations that clearly exceed the extent of the damage likely to be incurred by the company;
25° exclude or limit the company's legal liability in the event of a consumer's death or injury to the consumer and resulting from an act or omission of that enterprise;
26° see irrefragably the consumer's accession to clauses that he did not have, in fact, the opportunity to become acquainted before the conclusion of the contract;
27° allow the company to retain amounts paid by the consumer when the consumer renounces the conclusion or execution of the contract, without providing for the consumer's right to receive an allowance of an equivalent amount on the part of the company when the latter renounces;
28° allow the company to retain the sums paid by the consumer when it is the company itself that terminates the contract;
29° restricting the company's obligation to comply with the commitments made by its agents, or to submit its commitments to respect a particular formality;
30° improperly exclude or limit the legal rights of the consumer to the enterprise or another party in the event of complete or partial non-performance or failure to perform by the enterprise of any of its contractual obligations;
31° provide for the possibility of transfer of the contract from the company, where this session is likely to result in a reduction in consumer guarantees, without the agreement of the consumer;
32° increase the advertised price of a product due to the consumer's refusal to pay by bank domicile;
33° increase the advertised price for a product because of the consumer's refusal to receive invoices by email.
Art. VI. 84. § 1^er. Any abusive clause is prohibited and void.
The contract remains binding on the parties if it can remain without abusive clauses.
The consumer cannot give up the rights conferred on it by this section.
§ 2. A clause declaring applicable to the contract the law of a third State to the European Union shall be deemed not in writing with respect to matters governed by this section when, in the absence of this clause, the law of a Member State of the European Union would be applicable and that this law would provide greater protection to the consumer in such matters.
Art. VI. 85. In order to ensure the balance of rights and obligations between the parties in the sales of products to the consumer or in order to ensure the loyalty of commercial transactions, the King may, by order deliberately in the Council of Ministers, for the sectors of professional activity or the categories of products that it determines, prescribes or prohibits the use of certain clauses in the contracts concluded between a company and a consumer. It can also impose the use of standard contracts.
Before proposing an order pursuant to paragraph 1, the Minister shall consult with the Commission on Unlawful Clauses and the Superior Council of Independents and SMEs and shall determine the reasonable time within which the notice must be given. After this period, the notice is no longer required.
Art. VI. 86. § 1^er. The Commission on Excessive Clauses is aware of clauses and conditions used in sales and sales of products between companies and consumers.
§ 2. The Commission may be seized by the Minister, consumer organizations, and interested professional and interprofessional groups.
She can also seize on her own.
§ 3. The King determines the composition of the Commission.
Art. VI. 87. § 1^er. The Commission recommends that:
1° the deletion or modification of the clauses and conditions that appear to it to create a clear imbalance between the rights and obligations of the parties, to the detriment of the consumer;
2° the insertion of mentions, clauses and conditions which seem necessary for the information of the consumer or whose absence seems to him to create a clear imbalance between the rights and obligations of the parties, to the detriment of the consumer;
3° a writing and presentation of the clauses and conditions that are of a nature to allow the consumer to understand its meaning and scope.
Professional and inter-professional groupings or consumer organizations may request the Commission's advice on draft clauses or conditions used in sales offers and sales of products between companies and consumers.
§ 2. As part of its competence, the Commission proposes to the Minister the legislative or regulatory amendments that appear desirable to it.
§ 3. The Commission prepares and publishes an annual report of its activity. This includes the full text of the recommendations and proposals made during the year.
CHAPTER 7. - Order order
Art. VI. 88. During the sale, any company is required to issue a purchase order when the delivery of the property or the provision of the service is delayed, in whole or in part, and a deposit is paid by the consumer.
The denunciations of the order form oblige the person who has established it, notwithstanding any general or particular conditions, other or contrary.
The King may determine the markings that must appear on the order form.
CHAPTER 8. - supporting documents
Art. VI. 89. § 1^er. Any company that provides services to the consumer is required to issue a supporting document free of charge to the consumer. This obligation is waived when the price of the service has been communicated in accordance with Article VI. 3, § 2, or when a quotation or invoice is issued including the mentions referred to in paragraph 2.
Do not enter the scope of this section, the contracts entered into under the name "Fund" or under any other equivalent designation, having the purpose of providing a service for a fixed aggregate price, previously agreed to the service and covering the entire service.
§ 2. The King:
- determines, either in general or for the services or categories of services it designates, the references to be included in the supporting document;
- may exempt the services or categories of services it designates from the application of this section;
- may designate property or classes of property to which this section applies;
- may, by derogation from paragraph 1st, for the services or categories of services it determines, require the company to issue a supporting document free of charge to the consumer for which it determines the terms and conditions.
§ 3. Orders made pursuant to paragraph 2, fourth dash, shall be submitted by the Minister to the advice of the Consumer Council and to the advice of the Superior Council of Independents and P.M.E. The Minister sets the reasonable time limit for the notice to be rendered. If the notice is not issued within the prescribed time limit, the notice is no longer required.
Art. VI. 90. The consumer is required to pay the services presumed only at the delivery of the requested supporting document, when this surrender is imposed by Article VI. 89.
CHAPTER 9. - Reconduction of contract
Art. VI. 91. § 1^er. This chapter applies to the contract of service and the contract of sale for both goods and services.
When a fixed-term contract between a company and a consumer includes a tacit renewal clause, this clause is in bold characters and in a separate framework of the text at the front page.
This clause mentions the consequences of tacit renewal, including the provision of paragraph 2, as well as the ultimate date on which the consumer can oppose the tacit renewal of the contract and the terms and conditions under which the consumer notices this opposition.
§ 2. Without prejudice to the law of 25 June 1992 on the land insurance contract, the consumer may, after the tacit renewal of a fixed-term contract, terminate the contract at any time, without compensation, at the end of a notice period specified in the contract, without the delay being more than two months.
§ 3. As long as no law sets specific rules relating to the tacit renewal of contracts, the King may, for the services or categories of services that He determines, by order deliberately in the Council of Ministers:
1. establish special terms for the tacit renewal of a contract;
2. exempting obligations under paragraphs 1^er and 2.
§ 4. The scope of this chapter may be extended by the King, by order deliberately in the Council of Ministers, to certain categories of property that He designates.
PART 4. - Prohibited practices
CHAPTER 1^er. - Unfair commercial practices with respect to consumers
Section 1^re. - Scope of application
Art. VI. 92. This section applies to unfair business practices of companies vis-à-vis consumers before, during and after the offer on sale and sale of products.
Section 2. - Unfair business practices
Art. VI. 93 A commercial practice is unfair when:
(a) is contrary to the requirements of professional care
and
(b) alters or is likely to substantially alter the economic behaviour of the average consumer to whom it touches or addresses, or if it addresses a specific group of consumers, the economic behaviour of the average member of that group, in relation to the product concerned.
A commercial practice that is likely to substantially alter the economic behaviour of a single clearly identifiable group of consumers, because they are particularly vulnerable to the practice used or the product that it concerns because of mental or physical infirmity, age or credulity, while the company could reasonably be expected to predict this consequence, is assessed from the point of view of the average member. This provision is without prejudice to the current and legitimate advertising practice of making exaggerated statements or statements that are not intended to be understood in the literal sense.
Art. VI. 94. Unfair, business practices for consumers that:
1° are misleading within the meaning of Articles VI. 97 to VI. 100, or
2° are aggressive within the meaning of articles VI. 101 to VI. 103.
Art. VI. 95. Business unfair business practices against consumers are prohibited.
Art. VI. 96. Any act or omission that contravenes the laws protecting the interests of consumers - that is, the regulations mentioned in the Schedule to Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 relating to the cooperation between the national authorities responsible for overseeing the application of consumer protection legislation or the directives also referred to in the Annex referred to above as those affected by it - that affects
Section 3. - Deceptive business practices
Art. VI. 97. A commercial practice is deemed misleading if it contains false information and is therefore false or that, in any way, including its general presentation, it induces or is likely to mislead the average consumer with respect to one or more of the following elements, even if the information presented is factually correct, and that in one case as in the other, it would take it or is likely to take it
1° the existence or nature of the product;
2° the main characteristics of the product, such as its availability, advantages, risks, performance, composition, accessories, after-sales service and processing of claims, the mode and date of manufacture or delivery, its ability to use, use, quantity, specifications, geographic or commercial origin or results that may be expected of its use, or the results and controls of the essential characteristics of the tests
3° the extent of the company's commitments, the motivation of business practice and the nature of the sales process, as well as any affirmation or symbol that the company or product enjoys direct or indirect sponsorship or support;
4° the price or method of calculating the price, or the existence of a specific advantage as to the price;
5° the need for service, spare parts, replacement or repair;
6° the nature, qualities and rights of the company or its intermediary, such as its identity and heritage, qualifications, status, approval, affiliation or links and industrial, commercial or intellectual property rights or its rewards and distinctions;
7° consumer rights, in particular the right to replace or repay under the provisions of the Consumer Protection Act of 1 September 2004 in the event of sale of consumer goods, or the risks it may take.
Art. VI. 98. It is also deemed misleading, a commercial practice which, in its factual context, taking into account all its characteristics and circumstances, leads or is likely to bring the average consumer to make a commercial decision that it would not otherwise have made, when it involves:
1° any marketing activity involving a product, including comparative advertising, creating confusion with another product, brand, trade name or other distinctive sign of a competitor;
2° the non-compliance by the company of undertakings contained in a code of conduct by which it is committed to being bound, therefore:
(a) that these commitments are not declarations of intent, but are firm and verifiable, and
(b) that the company, as part of a business practice, indicates that it is bound by the code.
Art. VI. 99. § 1^er. A commercial practice is considered a misleading omission if, in its factual context, taking into account all its characteristics and circumstances as well as the limitations specific to the means of communication used, it omits substantial information that the average consumer needs, given the context, to make a commercial decision in the knowledge of the case and, therefore, brings it or is likely to lead it to make a commercial decision that it would not otherwise have taken.
§ 2. It is also considered a misleading omission, a commercial practice by which a company conceals a substantial information referred to in paragraph 1, or provides it in a unclear, intelligible, ambiguous or untimely manner, or does not indicate its commercial intention as long as it is not already within the context and where, in any case, the average consumer is thus brought or is likely to make a commercial decision that it would not have made.
§ 3. When the means of communication used for commercial practice imposes space or time limits, it is appropriate, in order to determine whether information has been omitted, to take into account these limits and any action taken by the company to make information available to the consumer by other means.
§ 4. At an invitation to purchase, are considered substantial, as long as they do not already come from the context, the following information:
1° the main characteristics of the product, to the appropriate extent in respect of the communication used and the product concerned;
2° the geographic address and identity of the company, and, where applicable, the geographic address and identity of the company on whose behalf it acts;
3° the price includes all taxes, or, where the nature of the product implies that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where applicable, all the additional costs of transport, delivery and postal, or, where these costs cannot reasonably be calculated in advance, the mention that these costs may be borne by the consumer;
4° the payment, delivery, execution and processing of claims, if they differ from the conditions of professional diligence;
5° where applicable, the existence of a right of withdrawal or cancellation.
§ 5. Also considered to be substantial, information relating to commercial communications, including advertising and marketing, and provided for in Community law, including the articles of the directives referred to in Annex II of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 on unfair business practices of enterprises vis-à-vis consumers in the domestic market and amending Council Directive 84/450/EEC and Directives 97/7/EC,
Art. VI. 100. Are unfair business practices, under all circumstances, misleading business practices that are:
1° claim to be a signatory to a code of conduct while it is not;
2° display a certificate, quality label or equivalent without obtaining the necessary authorization;
3° to state that a code of conduct has been approved by a public or other body while it is not the case;
4° affirm that a company, including its business practices, or that a product has been approved, approved or authorized by a public or private organization, whereas it is not the case or without respect for the conditions of the approval, approval or authorization received;
5° to propose the purchase of products at a specified price without revealing the plausible reasons that the company may think that it will not be able to provide itself, or provide by another company, the products in question or products equivalent to the price indicated, for a period and in quantities that are reasonable considering the product, the extent of advertising made for the product and the proposed price;
6° propose the purchase of products at a specified price, and then, in order to promote a different product:
(a) refuse to present the proposed product to the consumer;
(b) refuse to take orders on or deliver the product within a reasonable time;
(c) a defective sample;
7° falsely declare that the product will only be available for a very limited period of time or that it will only be available under special conditions for a very limited period of time, in order to obtain an immediate decision and deprive the consumer of an opportunity or sufficient time to make an informed choice;
8° commit to providing after-sales service to consumers, with whom the company communicated prior to the transaction, in a language that is not one of the national languages and, thereafter, provide this service only in another language, without clearly informing the consumer before the latter engages in the transaction;
9° declare or give the impression that the sale of a product is lawful while it is not;
10° to present the rights conferred on the consumer by legal or regulatory provisions as a characteristic of the proposal made by the company;
11° use editorial content in the media to promote a product, while the company funded it itself, without clearly indicating it in the content or using images or sounds clearly identifiable by the consumer;
12° make factually inaccurate statements regarding the nature and extent of the risks to which the consumer exposes himself in terms of his personal safety or that of his family if he does not buy the product;
13° promote a product similar to that of a particular manufacturer so as to deliberately induce the consumer to think that the product originates from that same manufacturer, whereas that is not the case;
14° create, operate or promote a pyramidal promotion system in which the consumer pays an interest in exchange for the possibility of receiving counterparties rather from the entry of new consumers into the system than the sale or consumption of products;
15° declare that the company is about to cease its activities or to establish them elsewhere, whereas such is not the case, without prejudice to articles VI. 22 and following;
16° affirming of a product that it increases the chances of winning games;
17° falsely assert that a product is of a nature to cure diseases, malfunctions or malformations;
18° communicate factually inaccurate information on market conditions or possibilities for finding the product, with the aim of inducing the consumer to acquire the product under less favourable conditions than normal market conditions;
19° assert, in the context of a commercial practice, that a contest is organized or that a prize can be won without awarding the prices described or a reasonable equivalent;
20° describe a product as "free", "free", "free" or similar terms if the consumer must pay anything other than the inevitable costs associated with the response to the offer and taking possession or delivery of the item;
21° include in the promotional material an invoice or similar document requesting payment, which gives the consumer the impression that he has already ordered the promoted product, whereas that is not the case;
22° to falsely state or give the impression that the company is not acting for purposes that fall within the framework of its professional activity, or to appear falsely as a consumer;
23° falsely create the impression that after-sales service in relation to a product is available in a Member State of the European Union other than that in which it is sold.
Section 4. - Aggressive business practices
Art. VI. 101. A commercial practice is deemed to be aggressive if, in its factual context, in the light of all its characteristics and circumstances, it affects or is likely to alter significantly, due to harassment, coercion, including the use of physical force, or an unjustified influence, the freedom of choice or conduct of the average consumer in respect of the product and, consequently, to take it or is likely to result in it.
Art. VI. 102. In order to determine whether a commercial practice uses harassment, coercion, including physical force, or unwarranted influence, the following elements are taken into account:
1° the timing, location, nature and persistence of commercial practice;
2° the use of physical or verbal threat;
3° the company's knowledgeable exploitation of any misfortune or particular circumstance of a particular gravity that alters the consumer's judgment, in order to influence the consumer's decision on the product;
4° any non-contractual, paid or disproportionate obstacle imposed by the company when the consumer wishes to assert its contractual rights, including that of terminateing the contract or changing the product or business;
5° any threat of action while this action is not legally possible.
Art. VI. 103. Are unfair business practices in all circumstances, aggressive business practices that aim to:
1° give the consumer the impression that he will not be able to leave the premises before a contract has been concluded;
2° make personal visits to the consumer's home, ignoring his request to see the company leave or not return to the premises, without prejudice to legal or regulatory provisions authorizing it to ensure the performance of a contractual obligation;
3° to engage in repeated and unsolicited requests by telephone, fax, e-mail or any other remote communication tool, without prejudice:
(a) legal or regulatory provisions authorizing it to ensure the performance of a contractual obligation;
(b) Article VI. 110; and
(c) Article XII. 13;
4° oblige a consumer who wishes to apply for an insurance policy compensation to produce documents that cannot reasonably be considered relevant to the determination of the validity of the application, or to refrain from responding to relevant correspondence, with the aim of deterring the consumer from exercising his contractual rights;
5° in an advertisement, directly encourage children to buy or persuade their parents or other adults to buy them the advertised product;
6° require immediate or deferred payment of products provided by the company without the consumer having requested them, or require their removal or retention;
7° explicitly inform the consumer that if it does not buy the product or service, the employment of the data subject or the means of existence of the company will be threatened;
8° give the false impression that the consumer has already won or won, whether or not the completion of a formality, price or other equivalent benefit,
- whereas, in fact, there is no equivalent price or other advantage,
- the completion of formality in relation to the demand for the price or another equivalent benefit is subject to the obligation of the consumer to pay money or to bear a cost.
CHAPTER 2. - unfair market practices for persons other than consumers
Art. VI. 104. Any act contrary to the honest practices of the market by which a company infringes or may affect the professional interests of one or more other companies.
Art. VI. 105. Without prejudice to other legal or regulatory provisions, any advertisement of a company that:
1° all elements taken into account, in any way, including its presentation or omission of information, misleads or is likely to mislead the person to whom it addresses or touches, including:
(a) the characteristics of goods or services, such as their availability, nature, performance, composition, mode and date of manufacture or delivery, environmental effects, appropriateness, uses, quantity, specifications, geographic or commercial origin, results that may be expected of their use, the results and essential characteristics of tests or controls carried out on goods or services;
(b) the price or mode of establishment and the conditions for the provision of goods or services;
(c) the nature, qualities, qualifications and rights of a company, such as its identity, heritage, skills and industrial, commercial or intellectual property rights or the prices received and its distinctions;
and which, for these reasons, is likely to affect its economic behaviour or which, for these reasons, damages or is likely to harm a business;
2° has denigrating elements in respect of another company, its goods, services or business;
3° allows without legitimate reason to identify one or more other companies;
4° promotes an act that must be considered a breach of this book or an offence under Articles XV. 83 to 86 and XV. 126.
Art. VI. 106. Without prejudice to other legal or regulatory provisions, any advertisement of a company that:
1° includes an invoice or similar document requesting payment, which gives the impression that the property or service has already been ordered, whereas this is not the case;
2° conceals or provides in a unclear way substantial information on the consequences of the response given by the recipient or conceals, provides in a unclear manner or does not indicate its true commercial intention, provided that it does not clearly reflect the context.
Art. VI. 107. It is prohibited for any company to prospect, either directly or through a payment form, an order form, an invoice, an offer, general terms, a correction proposal or any other similar document, advertisers in order to include them in guides, address files, telephone directories or lists or similar files, without explicitly indicating that this prospecting constitutes a contract offering
Art. VI. 108. It is prohibited for any company to send to another person, without prior request from him, any property, by inviting him to acquire that property against payment of its price, to keep it or to return it to its shipper, even at no cost.
It is also prohibited for any company to provide to another person, without prior request from him, any service by inviting him to accept this service against payment of its price.
The Minister may grant exemptions to these prohibitions for offers made for philanthropic purposes. In this case, the authorization number obtained and the following mention "The consignee has no obligation, no payment, no return" must appear in a legible, apparent and unambiguous manner on the documents relating to the offer.
In no case shall the consignee be required to pay the service provided or the property sent or to return the service provided, the absence of a response from the consignee regarding the service delivery or the provision of the property that is not in consent to the service.
Art. VI. 109. It is prohibited to create, operate or promote a pyramidal promotion system in which a company pays an interest in exchange for the possibility of receiving counterparties rather from the entry of new companies into the system than the sale or consumption of products.
CHAPTER 3. - Undesired communications
Art. VI. 110. § 1^er. The use of automated call systems without human intervention and fax machines for direct prospecting is prohibited without the prior, free, specific and informed consent of the recipient of the messages.
The person who has given consent may withdraw it at any time, without giving reasons and without any costs being charged.
The burden of proof that the communication made using a technique referred to in this paragraph, or determined under this paragraph, has been sought, is the responsibility of the issuer.
The King may, by order deliberately in the Council of Ministers, extend the prohibition referred to in paragraph 1^er other communication techniques than those mentioned, given their evolution.
§ 2. Without prejudice to Article XII. 13, unsolicited communications for direct prospecting, carried out by other techniques than those mentioned in paragraph 1^er or determined pursuant to the provisions of articles VI. 111 to VI. 115.
Art. VI. 111. § 1^er. The operator offers its subscriber the opportunity to communicate, at any time, that it opposes the use of the telephone number or telephone numbers assigned to it for direct marketing reasons.
The subscriber exercises this right of opposition free of charge and may at least communicate it by telephone, letter or email.
At the conclusion of the contract, the operator draws the subscriber's attention to this right in an express and special way.
§ 2. The operator shall record each opposition of a subscriber, as referred to in paragraph 1st, within five working days in a file for that purpose and shall communicate to the subscriber the date of the registration.
The operator makes available to people, who want to make direct marketing by phone, the file that contains phone numbers for which subscribers do not want calls for direct marketing reasons.
An operator may delegate the performance of the obligations set out in this section to a non-profit organization with which it enters into a contract for that purpose.
Art. VI. 112. § 1^er. Any telephone call for direct marketing reasons to a telephone number that is included in the file referred to in Article VI. 111, § 2, is prohibited.
For any telephone call for direct marketing reasons, the caller checks in advance if the number is not included in this file.
§ 2. The prohibition referred to in paragraph 1^er does not apply to calls to subscriber telephone numbers that have given their express consent to those who make telephone calls for direct marketing reasons or on whose behalf such calls are made, to use their personal data for such purposes.
Art. VI. 113. Operators and persons who make direct marketing or on whose behalf it occurs bear the burden of proof of compliance with the provisions of this chapter.
Art. VI. 114. § 1^er. The King may, after the advice of the Privacy Commission, take steps to:
1° determine the content, form and operation of the file referred to in Article VI. 111, § 2;
2° determine the conditions and terms of access to these files of people who want to make phone calls for direct marketing reasons, including the identification of these people;
3° maintain the terms of communication of the subscriber referred to in Article VI. 111, § 1st, as simple as possible.
§ 2. The King may also, after the advice of the Commission on the Protection of Privacy, accept an association or organization that takes over the obligations of all operators referred to in Article VI. 111.
This association or organization may only be approved on the basis of the accreditation criteria that the King determines and offers at least the following guarantees:
1° the ease of use for the subscriber;
2° the exclusive use of the file data for the respect of the subscriber's rights in accordance with Article VI. 111, § 1^er;
3° the absence of any purpose of lucre of the association or organization;
4° continuous and simple access to data, at a reduced price, for people who want to make phone calls for direct marketing reasons;
5° compliance with the rules imposed under paragraph 1^er.
Art. VI. 115. For the purposes of this chapter, it is necessary to hear by "operator" and by "subscriber", an operator and a subscriber as defined in article 2, 11° and 15° of the law of June 13, 2005 on electronic communications.
CHAPTER 4. - Loss sale
Art. VI. 116. § 1^er. In order to ensure fair market practices between companies, it is prohibited for any company to offer on sale or sell property for loss.
Is considered a loss sale, any sale at a price that is not at least equal to the price at which the company has bought the property or that the company should pay at the time of restocking, after deduction of any reductions granted and definitively acquired, as well as volume reductions not permanently acquired calculated on the basis of 80% of the volume reduction that the company acquired the previous year for the same property. To determine the existence of a loss sale, it is not taken into account the reductions granted, exclusively or not, in exchange for undertakings of the undertaking other than the purchase of goods.
§ 2. In the case of a joint offer of several goods, whether identical or not, the prohibition referred to in paragraph 1st, paragraph 1, applies only when the offer as a whole constitutes a loss sale.
Art. VI. 117. § 1^er. The prohibition under Article VI. 116, § 1^erParagraph 1^er, however, is not applicable:
1° for goods sold in liquidation or sold on sale;
2° for property whose conservation cannot be ensured;
3° for goods that the company, following external circumstances, cannot reasonably sell at a price equal to or greater than their purchase price;
4° for goods whose selling price is aligned, due to the necessity of competition, with the price requested by competition for the same good or for a competing property.
§ 2. Contractual clauses prohibiting the sale of the consumer to a loss are not applicable to the person who sells the property in the cases referred to in paragraph 1^er.
PART 5. - Collective consumer agreements
Art. VI. 118. § 1^er. Consumer collective agreements may relate to the general terms and conditions that will be proposed to consumers, the information that will be provided to them, the modes of commercial promotion, the elements relating to the quality, conformity and security of goods and services, and the methods of resolving consumer disputes.
§ 2. The consumer collective agreement determines its scope, date of entry into force and duration.
The consumer collective agreement does not apply to existing contracts unless otherwise provided that it is more favourable to the consumer.
The consumer collective agreement determines the terms and conditions under which agreement information is given to both companies and consumers.
§ 3. Where applicable, the consumer collective agreement sets out the terms of its revision and extension.
It also sets out the conditions of its denunciation by the whole or part of the signatories or members, as well as the duration of the notice, which may not be less than six months.
Art. VI. 119. Collective consumer agreements are negotiated and signed within the Consumer Council.
The request to negotiate a consumer collective agreement is introduced by a member of the Consumer Council or by a member of the government.
If the application concerns a sector that is not represented on the Consumer Council, industry companies or their representatives are invited to attend.
The consumer collective agreement cannot be concluded without their approval.
The consumer collective agreement must be the subject of a unanimous position of the Consumer Council, both to begin negotiations and to conclude an agreement.
A specific cell is established within the secretariat of the Consumer Council to provide the secretariat for collective consumer agreements and to maintain a register of them.
An internal regulation sets out the procedure to be followed, as well as the quorum of presences required, within each group of the Consumer Council, to make decisions unanimously. It must be approved by the King, by a deliberate decree in the Council of Ministers.
Art. VI. 120. The general terms and conditions set out in collective consumer agreements must be submitted to the Commission for advice on abusive clauses, which renders its opinion within three months. After this period, the collective consumer agreement can be concluded.
Art. VI. 121. The consumer collective agreement is forwarded to the government by the minister.
In the absence of opposition from a member of the government within 15 days, it is published in the Belgian Monitor.
In the event of a member's opposition, he is on the agenda of the next Council of Ministers.
In the absence of validation by the Council of Ministers, the collective agreement for consumption becomes irrelevant.
Any modification, renewal or denunciation of a collective agreement of consumption shall be submitted to the Council of Ministers and then published to the Belgian Monitor.
Art. VI. 122. The signatories and adherents of a collective consumer agreement ensure its correct application.
The consumer collective agreement provides for how consumer complaints are handled.
Failure to comply with a collective consumer agreement by a company may be considered an unfair trade practice vis-à-vis the consumer within the meaning of title IV, chapter 1^er .
Art. VI. 123. The King, by deliberate decree in the Council of Ministers, may, on unanimous advice of the Council of Consumer Affairs, impose on a whole sector the application of a collective consumer agreement whose scope is national.
PART 6. - Specific provisions for registered names
Art. VI. 124. § 1^er. The registered names are protected against all:
(a) direct or indirect commercial use of a registered name for products not covered by the registration, to the extent that these products are comparable to those registered under that name or to the extent that this use allows to benefit from the reputation of the protected name;
(b) usurpation, imitation or evocation, even if the true origin of the product is indicated or if the protected denomination is translated or accompanied by an expression such as "genre", "type", "method", "façon", "imitation" or a similar expression;
(c) another false or misleading indication of the origin, origin, nature or material qualities of the product on the packaging or packaging, on the advertisement or on documents relating to the product concerned, as well as against the use for the packaging of a receptacle that creates an incorrect impression on the origin;
(d) another practice likely to mislead the consumer as to the true origin of the product.
When a registered name contains in itself the name of a product considered generic, the use of this generic name on products is not considered to be contrary to paragraph 1^er(a) or (b).
§ 2. Registered names cannot become generic.
Art. VI. 125. When the judge finds an infringement of the rules relating to the registered names, he or she shall order the termination of the record to any perpetrator of the breach.
The judge may also make a termination injunction against intermediaries whose services are used by a third party to infringe the rules relating to registered names.
Art. VI. 126. § 1^er. Without prejudice to any damages caused to the injured party because of the breach and without compensation of any kind, the judge may order, at the request of the party entitled to act in counterfeit, the recall of the commercial circuits, the final removal of the commercial circuits or the destruction of the counterfeit goods, as well as, in the appropriate cases, materials and instruments that have primarily been used for the creation or manufacture of the goods.
These measures are implemented at the offender's expense, unless specific reasons exist.
When assessing an application referred to in paragraph 1^er, the proportionality between the severity of the breach and the ordered measures, as well as the interests of third parties, shall be taken into account.
§ 2. Where in the course of a proceeding, the judge finds an infringement, the judge may order, at the request of the party authorized to act in counterfeit, the perpetrator of the breach to provide to the party that introduces this action all the information available to it regarding the origin and distribution networks of counterfeit goods or services and to provide it with all the relevant data, provided that it is a proportionate measure.
The same injunction may be made to the person who has been found in possession of counterfeit goods at the commercial level, who has been found using counterfeit services at the commercial level or who has been found to provide, at the commercial level, services used in counterfeiting activities.
§ 3. The judge may order that his or her decision under this section and/or under Article VI. 125, or the summary that he writes is posted during the period that he determines, both outside and inside the offender's institutions and order the publication of his judgment or summary by newspaper or in any other way, at the offender's expense.
Art. VI. 127. § 1^er. The injured party is entitled to compensation for any damage that it suffers as a result of an infringement of Article VI. 124.
§ 2. Where the extent of the injury cannot be determined in any other way, the judge may, in a reasonable and fair manner, set a lump sum as damages.
The judge may, as damages, order the grant to the claimant party of counterfeit goods, as well as, in appropriate cases, materials and instruments that have been used primarily for the creation or manufacture of such property, and that are still in possession of the defendant. If the value of these goods, materials and instruments exceeds the extent of actual damage, the judge fixes the relief to be paid by the applicant.
In the event of bad faith, the judge may, as damages, order the assignment of all or part of the benefit realized as a result of the breach, as well as the accountability in this regard. Only the fees directly related to the counterfeit activities concerned are deducted to determine the profit to be given.
PART 7. - Final provisions
Art. VI. 128. The King exercises the powers to Him entrusted by the provisions of Book VI, Titles 1^er, 2, 3, 4, chapters 1^er and 3, and title 5, on the joint proposal of Ministers who have Economy, Average Class and Consumption in their responsibilities.
The King exercises the powers entrusted to him by the provisions of Book VI, Title 4, Chapters 2 and 4, on the joint proposal of ministers who have the Economy and the Average Classes in their powers.
Where measures to be taken pursuant to Book VI relate to goods or services that, in the areas covered by Title 1^er to 5 are regulated or liable to be regulated on the initiative of other ministers other than those who have the Economy, the Average Class and the Consumption in their powers in accordance with paragraphs 1^er and 2, these measures must refer in their preamble to the agreement of the ministers concerned. Where appropriate, these measures are proposed jointly by the Ministers concerned and executed by them, with mutual agreement, each with respect to it.
The same is true when, in the areas covered by titles 1^er 5, measures to be taken, at the initiative of other ministers other than those who have the Economy, the Average Classes and Consumption in their responsibilities, relate to controlled or regulated goods or services that may be regulated pursuant to this book. "
Art. 4. In Book XV, Title 1^er, chapter 2, of the same Code, insert a section 1st, as follows:
"Section 1^re. Specific research skills and recognition of book VI offences
Art. XV. 11. § 1^er. The offences referred to in Article XV.83, paragraph 2, may be sought and found by both the agents referred to in Article XV. and those referred to in Article 11 of the Consumer Health Protection Act of 24 January 1977 in respect of foodstuffs and other products.
§ 2. Where breaches of the provisions of Book VI or its Implementing Orders relate to financial services, they may be sought and recognized by both the agents referred to in Article XV.2 and the FSMA in respect of enterprises subject to its control or whose operations or products are subject to its control.
To exercise the control referred to in paragraph 1^er, FSMA may exercise the powers referred to in Articles 34, § 1^er, 1°, (a) and (b), 36, 36bis and 37, of the Financial Sector Supervision and Financial Services Act of 2 August 2002.
The Federal Public Service Economics and the FSMA are mutually reinforcing their findings and actions against the offences referred to in paragraph 1^er.
Art. XV. 12. § 1^er. The officers referred to in section XV.2 are also competent to seek and determine the acts that, without being punishable, may be the subject of a cessation action initiated by the Minister. Verbatim records in this regard are held to prove the contrary.
§ 2. In the performance of their duties, the agents referred to in paragraph 1^er have the powers mentioned in Article XV.3, 1°, 2° and 7°.
Art. XV. 13. § 1^er. The officers commissioned for this purpose by the ministers referred to in Article XVII.9 shall be competent to seek and determine the offences that may give rise to the action provided for in Article XVII.3. Verbatim records in this regard are held to prove the contrary.
§ 2. In the performance of their duties, the agents referred to in paragraph 1^er have the powers mentioned in Article XV.3, 1°, 2° and 7°.
Art. XV. 14. The examining magistrate, in the light of the minutes issued pursuant to Art. XV.2 and finding violations of the provisions referred to in Article XV.83, 7°, may, by reasoning order, enjoin the communication technical operators, when they are in a position to do so, suspend, within the limits and for the duration that it determines and which cannot exceed one month, the provision of the technical offence against the commission
The judge may extend the effects of the order one or more times; He must put an end to it as soon as the circumstances that justified him have disappeared.
Art. XV. 15. In the event of a breach of the provisions of Book VI, Title 3, Chapter 4, the officers referred to in Article XV. 2 and the judicial police officers may file a report. A copy of this report is given or notified to the organizer or his/her attendant by registered letter.
The above-mentioned agents may, in this case, order verbally and on-site the prohibition of the sale of the goods referred to in the minutes or the termination of the sale.
They may, as a precautionary measure, seize property subject to the offence in accordance with the provisions of Article XV. 4.
Art. XV. 16. The Minister or agent referred to in section XV.2 may request a company to provide evidence regarding the material accuracy of the factual data that it discloses in a commercial practice.
The company must provide, within a maximum of one month, evidence of the material accuracy of this data.
If the evidence required under paragraph 1^er is not made or deemed insufficient, the Minister or officer charged to this effect may consider commercial practice as contrary to the provisions of Book VI, Title 4.
Art. 5. In Book XV, Title 3, Chapter 2, of the same Code, a section 4 is inserted, as follows:
"Section 4. Penalties for offences in Book VI
Art. XV. 83. A level 2 penalty shall be imposed on those who commit an offence to the provisions:
1° of articles VI. 3 to VI. 6 relating to the indication of prices and orders under Article VI. 7;
2° of Article VI. 8 relating to the designation, composition and labelling of products and orders under Article VI. 9 in VI. 10;
3° of articles VI. 11 to VI. 15 concerning the indication of the quantity and order made pursuant to Article VI. 16;
4° of articles VI. 18 and VI. 19 relating to the reference to its own previously applied price and to decrees implemented in accordance with articles VI. 20 and VI. 21;
5° of articles VI. 22 and VI. 23 relating to liquidation sales;
6° of articles VI. 25 to VI. 29 relating to sales in balances and the waiting period;
7° of Article VI. 39 concerning the presentation to the consumer, for signature, of a letter of exchange;
8° of articles VI. 45 to VI. 63 relating to remote contracts;
9° of articles VI. 64 to VI. 74 relating to non-institutional contracts;
10° of Article VI. 79 requiring departmental officers, responsible for conducting public sales, to refuse their competition in certain circumstances;
11° of articles VI. 88 and VI. 89 relating to the order form and supporting documents and orders issued pursuant to articles VI. 88 and VI. 89;
12° of the arrests under Article VI. 118 on collective consumer agreements;
13° of articles VI. 95, VI. 100 and VI. 103 relating to unfair commercial practices with respect to consumers, with the exception of articles VI. 100, 12°, 14°, 16° and 17°, and VI. 103, 1°, 2° and 8°;
14° of Article VI. 107 on the prohibition of unfair market practices to prospect advertisers;
15° of Article VI. 108 on forced purchases in respect of businesses;
16° of articles VI. 110 to VI. 115 on undesired communications;
17° of the decrees taken pursuant to Article VI. 1, § 2;
18° of the European Union regulations that replace the provisions of Book VI or its Implementing Orders.
However, where an offence to the enforcement orders referred to in Article VI. 9 is also an offence under the Act of 24 January 1977 on the Protection of Consumer Health with regard to food and other products, the penalties provided for in the latter Act are only applicable.
Art. XV. 84. A level 3 penalty shall be imposed, those who, in bad faith, commit an offence to the provisions of Book VI of this Code, except those referred to in Articles XV. 83, XV. 85, XV. 86 and XV. 126 and with the exception of the offences referred to in Article VI. 104.
Art. XV. 85. Are punished with a level 3 penalty:
1° those who do not comply with any judgment or judgment rendered under Article XVII. 1, following a cessation action;
2° those who, voluntarily, in person or by person interposed, delete, conceal or lay completely or partially the posters affixed under sections XVII. 5 and XV. 131.
Art. XV. 86. Those who commit an offence under articles VI. 100, 12°, 14°, 16° and 17° and VI. 103, 1°, 2° and 8° relating to unfair business practices and article VI. 109 are punished by a penalty of level 6 .
Art. 6. Article XV. 131 of the Economic Law Code the word "VI," is inserted between the words "books" and "VIII and IX".
CHAPTER III. - Amendments and abrogations
Art. 7. Article 45, § 1^erParagraph 1^er, of the Financial Sector Supervision and Financial Services Act of August 2, 2002, replaced by the Royal Decree of March 3, 2011, is supplemented by a 7°, as follows:
"7° to contribute to compliance with the provisions of Book VI of the Economic Law Code and its enforcement orders, which relate to financial services as referred to in Book I^er the same Code, by companies under its control or whose operations or products are subject to its control. "
Art. 8. The Act of 6 April 2010 on market practices and consumer protection, last amended by the Act of 10 July 2012, is repealed, with the exception of sections 110 to 118.
Art. 9. In article 69, paragraph 3, of the Act of 30 July 2013 to strengthen the protection of users of financial products and services as well as the competences of the Autorité des services et marchés financiers, and bearing various provisions (I), the words "1^er January 2014" are replaced by the words "April 30, 2014".
CHAPTER IV. - Transitional provisions
Art. 10. The regulatory provisions made pursuant to the Law of 14 July 1971 on Trade Practices and the Law of 14 July 1991 on Trade Practices and Consumer Information and Protection remain in force until their express repeal.
Offences to the provisions of the Orders pursuant to the Law of 9 February 1960 allowing the King to regulate the use of the denominations under which the goods are put into trade, the Law of 14 July 1971 on trade practices and the Law of 14 July 1991 on trade practices and information and consumer protection are sought, found and punished in accordance with Books XV and XVII of the Economic Law Code.
CHAPTER V. - Jurisdiction
Art. 11. Existing laws and enforcement orders referring to the provisions referred to in Article 8 are presumed to refer to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 12. The King may replace references in existing laws or decrees to the provisions referred to in Article 8, and if applicable to the Act of 14 July 1991 on trade practices and information and consumer protection and the Act of 14 July 1971 on trade practices, with references to the equivalent provisions of the Economic Law Code, as inserted in this Act.
Art. 13. The King may coordinate the provisions of the Economic Law Code, as set out in this Act, with the provisions that would have expressly or implicitly amended them at the time the coordination is established.
To this end, He may:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology without prejudice to the principles set out in these provisions.
CHAPTER VI. - Entry into force
Art. 14. The King shall determine the date of entry into force of each of the provisions of this Act and of each of the provisions set out in this Act in the Economic Law Code.
Article 9 comes into force on the day after the publication of this Act to the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 December 2013.
PHILIPPE
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
Minister of Finance,
K. GEENS
Minister of Average Classes, EMPs and Independents,
Mrs. Sabine LARUELLE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
Documents of the House of Representatives:
53-3018 - 2012/2013:
No. 1: Bill.
53-3018 - 2013/2014:
No. 2 and 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: 28 November 2013.
Documents of the Senate:
5-2361 - 2013/2014
Number 1: Project referred to by the Senate. - No. 2: Amendments. - Number three: Report. - No. 4: Decision not to fine.
Annales of the Senate: December 12, 2013.

“Annex 1^re to Book VI of the Economic Law Code
STANDARDISE INFORMATION ON RETRACTATION
Right of withdrawal
You have the right to withdraw from this contract without giving cause within 14 days.
The withdrawal period expires 14 days after day (1).
To exercise the right of withdrawal, you must notify us (2) of your decision to withdraw this contract by means of an unambiguous declaration (e.g. letter sent by mail, fax or e-mail). You can use the withdrawal form model but it is not mandatory. (3)
In order for the withdrawal period to be respected, you only need to transmit your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
1. Effects of withdrawal
In case of withdrawal from you of this contract, we will refund you all payments received from you, including shipping costs (with the exception of additional costs arising from the fact that you have chosen, if any, a mode of delivery other than the less expensive standard delivery mode proposed by us) without excessive delay and, in any event, no later than fourteen days from the day we are informed of your withdrawal decision. We will make the refund using the same payment method as you have used for the initial transaction, unless you expressly agree with a different means; In any event, this refund will not cost you. (4)
(5)
(6)
2. Instructions for filling information
(1) Insert one of the following passages between quotes:
(a) if it is a service contract or contract relating to the supply of water, gas or electricity when not conditioned in a delimited volume or in a specified quantity, urban heating or a digital content not provided on a material medium: "from the conclusion of the contract. ";
(b) if this is a sales contract: "where you, or a third party other than the carrier and designated by you, physically takes possession of the property. ";
(c) if this is a contract for several goods ordered by the consumer by a single order and if these goods are delivered separately: "where you, or a third party other than the carrier and designated by you, take physical possession of the last property. ";
(d) if it is a contract for the delivery of a property in several lots or parts: "where you, or a third party other than the carrier and designated by you, physically takes possession of the last lot or the last piece. ";
(e) if this is a contract for the regular delivery of goods for a specified period of time: "where you, or a third party other than the carrier and designated by you, take physical possession of the first property. ";
(2) Insert your name, geographic address and, when available, telephone number, fax number and email address.
(3) If you give the consumer the ability to electronically complete and transmit the information on his contract withdrawal on your website, insert the following text: "You can also complete and transmit the revocation form model or any other unambiguous declaration on our website [insert the website address]. If you use this option, we will promptly send you an acknowledgement of receipt of the withdrawal on a sustainable medium (e.g. by email). "
(4) If this is a sales contract under which you did not propose to recover the property in case of withdrawal, insert the following text: "We may differ the refund until we have received the property or until you have provided proof of shipment of the property, the date being the first of these facts. "
(5) If the consumer has received goods under the contract:
(a) insert:
- "We will recover the good"; or
- "You must return or return the property to ourselves or to ... [insert the name and geographic address, if any, of the person authorized by you to receive the property] without excessive delay and, in any case, no later than 14 days after you have communicated your decision to withdraw this contract. This period is deemed to be met if you return the property before the expiry of the fourteen-day period. "
(b) insert:
- "We will take charge of the transfer of the property."
- "You will have to take charge of the direct costs of returning the property."
- If, in the case of a remote contract, you do not propose to take charge of the costs of returning the property and that the property, because of its nature, cannot normally be returned by mail: "You will have to take charge of the direct costs of returning the property, ... EUR [insert the amount]." or, if the cost of transfer of the property cannot reasonably be calculated in advance: "You will have to take charge of the direct costs of returning the property. These fees are estimated at a maximum of ... EUR [insert amount]." or
- If, in the case of a non-institutional contract, the property, because of its nature, cannot normally be returned by mail and was delivered to the consumer's home at the time of the conclusion of the contract: "We will recover the property at our own expense." and
(c) insert: "Your responsibility is only incurred in respect of the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and good functioning of that property."
(6) In the case of a contract for the provision of services or the provision of water, gas or electricity when not conditioned in a delimited or fixed quantity, or of urban heating, insert the following text: "If you have requested to begin the provision of services or the supply of water/gas/electricity/urban heating [remove unnecessary mentions] during the period of withdrawal

"Appendix 2 to Book VI Economic Law Code
CONTRACTATION MODEL
(Please complete and return this form only if you wish to withdraw from the contract)
- To the attention of [the company here inserts its name, geographic address and, when available, its fax number and e-mail address]:
- I/We (*) notify you/notifions (*) by this ma/notre (*) withdrawal of the contract concerning the sale of the property (*)/for the service delivery (*) below
- Commanded on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only in case of notification of this paper form)
- Date
(*) Biffen unnecessary mention." .