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15 MAI 2014. - An Act to insert Book XIV "Market policy and consumer protection relating to persons exercising a liberal profession" in the Economic Law Code and to incorporate the definitions specific to Book XIV and the provisions of Book XIV in Books I 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, Title 2, of the Economic Law Code, chapter 5 is inserted, as follows:
"Chapter 5. Specific definitions in Book XIV
Art. I. 8. For the purposes of Book XIV, 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 person exercising a liberal profession;
4° 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;
5° goods sold in the room: property that cannot be split without changing its nature or properties;
6° 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;
7° 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;
8° unit of measure: the unit referred to in Book VIII;
9° conditioner: the person who conditions the goods for the offer on sale;
10° nominal quantity: the mass or volume indicated on a prepackage and corresponding to the net quantity that this prepackage is expected to contain;
11° 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;
12° Comparative advertising: any advertisement that explicitly or implicitly identifies a competitor or goods or services offered by a competitor;
13° distance contract: any contract between the person exercising a liberal profession and the consumer, within the framework of an organized system of sale or provision of remote service, without the simultaneous physical presence of the person exercising a liberal profession 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;
14° distance communication technique: any means that, without the physical and simultaneous presence of the person exercising a liberal profession and the consumer, may be used for the conclusion of the contract between these parties;
15° communication technology operator: any natural or legal person, public or private, whose professional activity is to make available to persons exercising a liberal profession one or more remote communication techniques;
16° Financial service: any service related to the bank, credit, insurance, individual pension, investment and payments;
17° sustainable support: any instrument allowing the consumer or the person exercising a liberal profession to store information that is addressed to him personally in a way that allows him to go to it later for a period of time suitable for the purpose to which the information is intended and that allows the reproduction of the stored information to the identical;
18° supplier: any person exercising a liberal profession who is the contractual provider of remotely contracted services;
19° Joint offer: Offer linking to the acquisition of goods or services, free of charge or not, the acquisition of other goods or services;
20° abusive clause: any clause or condition in a contract between a person exercising a liberal profession and a consumer who, alone or in combination 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;
21° professional practice: any action, omission, conduct, approach or commercial communication, including advertising and marketing, by a person exercising a liberal profession, in direct relation to the promotion, sale or supply of a product;
22° substantial alteration of consumer economic behaviour: the use of a professional practice that significantly jeopardizes the ability of the consumer to make an informed decision and, therefore, to make a commercial decision that it would not otherwise have made;
23° professional care: the level of specialized competence and care that a person exercising a liberal profession is reasonably expected to exercise in his or her area of activity vis-à-vis the consumer, in accordance with honest professional practice;
24° 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;
25° 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;
26° commercial decision: any decision made by a consumer regarding the opportunity, terms and conditions relating to the fact of buying, making a full or partial payment, keeping, undoing or exercising a contractual right in relation to the product, whether it has led to the act or to refrain from acting;
27° well manufactured according to the specifications of the consumer: well not prefabricated made on the basis of an individual choice or a consumer decision;
28° contract outside the usual place of practice of the profession: any contract between the person exercising a liberal profession and the consumer:
(a) concluded in the simultaneous physical presence of the person exercising a liberal profession and the consumer, in a place that is not the usual place of practice of the profession of the person exercising a liberal profession; or
(b) having been offered by the consumer under the same circumstances, as indicated in point (a); or
(c) concluded in the usual place of practice of the person exercising a liberal profession or by means of a remote communication technique immediately after the consumer has been personally and individually sought in a place that is not the establishment of the person exercising a liberal profession, in the simultaneous physical presence of the person exercising a liberal profession and the consumer; or
(d) concluded on a tour organized by the person exercising a liberal profession with the aim or effect of promoting and selling goods or services to the consumer;
29° the usual place of practice of the profession:
(a) any building site for the exercise of the profession in which the person exercising a liberal profession operates continuously; or
(b) any specialized site for the exercise of the profession in which the person exercising a liberal profession operates in an ordinary manner;
30° contract of sale: any contract under which the person exercising a liberal profession transfers or undertakes to transfer ownership of the goods to the consumer and the consumer pays or undertakes to pay the price of the goods, including contracts for both goods and services;
31° service contract: any contract other than a sales contract under which the person exercising a liberal profession provides or undertakes to provide a service to the consumer and the consumer pays or undertakes to pay the price of the consumer;
32° digital content: data produced and supplied in digital form;
33° commercial guarantee: any undertaking by the person exercising a liberal profession or a 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 does not meet the specifications or other possible elements not related to the conformity set out in the notice of guarantee or in the notice of guarantee
34° incidental contract: a contract under which the consumer acquires goods or services related to a contract, such goods or services being provided by the person exercising a liberal profession or a third party on the basis of an agreement between the consumer and the person exercising a liberal profession;
35° a person exercising a liberal profession: any natural or legal person who, intellectually independent and under his or her own responsibility, carries on a professional activity consisting primarily of intellectual benefits, has previously followed the required training, is required to continue training, is subject to a disciplinary body created by or under the law and is not a merchant within the meaning of Article 1^er The Commercial Code.
36° the Minister: the competent ministers for justice and, where applicable, for the economy, P.M.E. and middle classes and Public Health.
Art. 3. In the same Code, a book XIV is inserted, as follows:
"Book XIV. Market practices and consumer protection related to liberal professions
Part 1^er. General principles
Art. XIV. 1. § 1^er. This book focuses on the regulation of market practices and the protection of the consumer regarding persons exercising a liberal profession, without prejudice to the specific provisions in force for the various liberal professions.
This book applies to persons exercising a liberal profession for the characteristic intellectual benefits of these professions that they provide.
It aims at the transposition of:
1. Council Directive 93/13/EEC of 5 April 1993 on abusive clauses in consumer contracts;
2. 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);
3. Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on respect for intellectual property rights;
4. Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection legislation ("Consumer Protection Cooperation Regulations");
5. 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, 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");
6. Directive 2006/114/EC of the European Parliament and the Council of 12 December 2006 on misleading advertising and comparative advertising (codified version);
7 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 Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and Council.
Part 2. Consumer information
Section 1^er. General consumer information obligation
Art. XIV. 2. § 1^er. This chapter does not apply to contracts written by a notary or by a judicial officer in their capacity as a public officer.
§ 2. This chapter also does not apply to legal aid contracts provided by a lawyer under Book IIIbis of the Judicial Code.
Art. XIV. 3. Before the consumer is bound by a contract other than a contract at a distance or outside the usual place of practice of the profession, the person exercising a liberal profession shall provide the consumer with the following information, in a clear and understandable manner, provided that it is not within 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 person exercising a liberal profession, including his business number, the geographic address of his institution and his 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, any additional costs or, where reasonably calculated in advance, the mention that these fees may be payable;
4° where applicable, the terms of payment, delivery and enforcement, the date on which the person exercising a liberal profession undertakes to deliver the product and the terms and conditions provided by the person exercising a liberal profession 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 functionality of digital content, including applicable technical protection measures;
8° where applicable, any relevant interoperability of digital content with certain hardware or software and other services that the person exercising a liberal profession has or should reasonably be aware of.
Section 2. Price indication
Art. XIV. 4. § 1^er. Any person exercising a liberal profession who offers goods for sale to the consumer, shall indicate 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 person exercising a liberal profession who offers homogeneous services to the consumer indicates the price in writing in a legible, apparent and unambiguous manner.
Art. XIV. 5. 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. XIV. 6. Consumer prices are indicated at least in euro.
Art. XIV. 7. Any advertisement for consumers indicating a price indicates it in accordance with the requirements of Articles XIV. 5 and XIV. 6, and arrangements made under Article XIV. 8, 1°.
Art. XIV. 8. For the products or categories of products it determines, the King may, by a deliberate decree in the Council of Ministers and after consultation with the relevant professional organization:
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 and for the provision of homogeneous services;
3° to determine, for services or categories of services other than homogeneous services, in which cases and in what manner a preliminary estimate must be issued to the consumer, provided that the consumer makes the request and that the person exercising a liberal profession is willing to provide the service.
Section 3. Comparative advertising
Art. XIV. 9. § 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 XIV. 64 to XIV. 67 and XIV. 72, 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 persons exercising a liberal profession between the advertiser and a competitor or between the names, other distinctive signs, goods or services of the advertiser and those of a competitor;
5° does not cause discredit or denigrate 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 name or other distinctive signs of a competitor;
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 § 1^er.
§ 3. By derogation from § 1^er, the King may, after the opinion of the professional authorities concerned, prohibit or restrict comparative advertising to the extent necessary to preserve the dignity and ethics of the liberal professions concerned.
Section 4. Promotions in prices
Section 1^re. From the reference to its own previously applied price
Art. XIV. 10. A person exercising a liberal profession cannot, vis-à-vis the consumer, make an announcement of a price reduction in relation to 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 lies with the person exercising a liberal profession.
If the person exercising a liberal profession 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 a person exercising a liberal profession applies a uniform percentage of reduction on products or product categories, it may only mention the reference price. The announcement indicates whether or not the reduction was made.
Art. XIV. 11. Price reduction can only be announced for a period not exceeding one month. The period during which the discount is advertised cannot be less than a full 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. XIV. 12. 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. XIV. 13. The King shall designate goods, services or categories of goods or services for which the advertisements referred to in Article XIV. 10, paragraph 1^er, 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. Titles entitled to a refund
or a price reduction
Art. XIV. 14. The securities offered by a person exercising a liberal profession in 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. XIV. 15. § 1^er. Any person exercising a liberal profession who is presented with a title that has been broadcast free of charge by himself or by another person exercising a liberal profession and who allows his or her holder, to purchase one or more goods and/or services, to obtain a immediate price reduction, is obliged to accept it, provided that the terms of the offer are met.
If the title was issued by another person exercising a profession other than that to which it is presented, the obligation set out in paragraph 1^er only applies when the title mentions the data listed in § 2.
§ 2. Data referred to in § 1^erParagraph 2 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. XIV. 16. 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 XIV. 15, not the person exercising a liberal profession to which the title was presented, the issuer is obliged to repay it within a reasonable time to the person exercising a liberal profession to which the title was presented.
Section 5. Miscellaneous provisions
Art. XIV 17. § 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 under § 1^er, the Minister shall consult with the Consumer Council and the Superior Council of Independents and EMPs and the inter-professional organizations for persons exercising a liberal profession and shall determine the reasonable time within which the notice must be given. After this period, the notice is no longer required.
Part 3. Contracts with consumers
Section 1^er. General provisions
Art. XIV. 18. § 1^er. When all or certain clauses of a contract between a person exercising a liberal profession 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 person exercising a liberal profession and a consumer may be interpreted in particular according to professional practices in direct contact with the consumer.
Art. XIV. 19. When a contract with a consumer was entered into following an unfair professional practice referred to in Article XIV. 67, 12°, 16° and 17°, and in Article XIV. 70, 1°, 2° and 8°, the consumer may, within a reasonable period of time from the time when he or she has been aware of or should have known of his existence, require the refund of the money paid, without restitution of the product delivered.
When a contract with a consumer has been concluded following an unfair professional practice referred to in Articles XIV. 60 to XIV. 62, XIV. 67, 1° to 11°, 13° to 15°, 18° to 23°, and to Article XIV. 70, 3° to 7°, the judge may, without prejudice to the sanctions of common law, order the refund to the consumer of the amounts he has paid, without restitution by him of the product delivered.
In case of supply not requested to the consumer within the meaning of Article XIV. 70, 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. XIV. 20. Without prejudice to specific regulations that expressly authorize it, it is prohibited for any person exercising a liberal profession to have a bill of exchange signed by the consumer to be promised or guaranteed the payment of the commitments of the consumer.
Art. XIV. 21. It is prohibited for a person exercising a liberal profession to charge telephone calls for which the consumer pays the content of the message, in addition to the call rate, when these calls concern the execution of a contract already entered into.
Art. XIV. 22. Before the consumer is bound by a contract or offer, the person exercising a liberal profession must obtain the express consent of the consumer to any additional payment to the compensation agreed under the principal contractual obligation of the person exercising a liberal profession. If the person exercising a liberal profession 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. XIV. 23. In the event of using a means of payment, it is prohibited for a person exercising a liberal profession to charge the consumer with costs greater than the costs it bears for the use of these same means.
Art. XIV. 24. § 1^er. Unless otherwise provided by the parties regarding the time of delivery, the person exercising a liberal profession shall deliver the goods by transferring physical possession or control to the consumer without undue delay, but not later than 30 days after the conclusion of the contract.
§ 2. In the event that a person exercising a liberal profession fails to deliver the good at the time agreed with the consumer or within the time limits specified in paragraph 1^er, the consumer enjoined him to make the delivery within an additional period adapted to the circumstances. If the person exercising a liberal profession 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 person exercising a liberal profession 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 person exercising a liberal profession, before 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 person exercising a liberal profession does not deliver the goods at the time agreed with the consumer or within the time limits provided for in paragraph 1^er, the consumer has the right to terminate the contract immediately.
§ 3. When the contract is terminated, the person exercising a liberal profession shall pay, without excessive delay, any amount paid under the contract.
§ 4. This section applies without prejudice to sanctions of common law.
Art. XIV. 25. With respect to contracts that require the person exercising a liberal profession 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 upon 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 person exercising a liberal profession, without prejudice to the rights of the consumer in respect of the carrier.
Section 2. Remote contracts
Art. XIV. 26. § 1^er, This chapter does not apply to contracts written by a notary or by a judicial officer in their capacity as a public officer.
§ 2. This chapter also does not apply to legal aid contracts provided by a lawyer under Book IIIbis of the Judicial Code.
Art. XIV. 27. § 1^er. Before the consumer is bound by a remote contract, the person exercising a liberal profession 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 person exercising a liberal profession, including his business number, name;
3° the geographic address where the person exercising a liberal profession is established as well as its telephone number, fax number and e-mail address, when available, to allow the consumer to contact it promptly and to communicate with it effectively and, where applicable, the geographic address and identity of the person exercising a liberal profession on whose behalf it acts;
4° if it differs from the address provided in accordance with point 3°, the geographic address of the place of practice of the person exercising a liberal profession, and, where applicable, that of the person exercising a liberal profession 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 or, where such additional costs cannot reasonably be calculated in advance, the mention that they may be payable. 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 of payment, delivery and enforcement, the date on which the person exercising a liberal profession undertakes to deliver the goods or perform the services and, where applicable, the terms and conditions provided by the person exercising a liberal profession for the processing of the claims;
8° where the right of withdrawal exists, the conditions, the period and the procedure for exercising that right in accordance with Article XIV. 31, paragraph 1^eras well as 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 exercise the right of withdrawal after submitting an application in accordance with Article XIV. 28, § 8, the information that the consumer is required to pay reasonable costs to the person exercising a liberal profession in accordance with Article XIV. 33, § 3;
11° where the right of withdrawal is not provided in accordance with Article XIV. 35, 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;
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 request of the person exercising a liberal profession and the conditions thereof;
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 is reasonably known to the person exercising a liberal profession;
20° where applicable, the possibility of resorting to an extra-judicial complaint and redress procedure to which the person exercising a liberal profession is subject and the means of access to it.
§ 2. The information referred to in paragraph 1^er, 8°, 9° and 10°, may be provided by means of standardized retracting information on the model referred to in Appendix 1^er of this book. The person exercising a liberal profession 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.
§ 3. 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.
§ 4. If the person exercising a liberal profession has failed to comply with the additional fees and other charges referred to in subsection 1^er, 5°, or the transfer of property, referred to in paragraph 1^er, 9°, the consumer does not support these costs.
§ 5. The burden of proof with respect to the information obligations set out in this section is on the person exercising a liberal profession.
Art. XIV. 28. § 1^er. The person exercising a liberal profession shall provide the consumer with the information provided for in Article XIV. 27, § 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 obliges the consumer to pay, the person exercising a liberal profession informs the consumer in a clear and apparent manner, and directly before the consumer passes the order, of the information provided for in Article XIV. 27, § 1^er, 1°, 5°, 15° and 16°.
The person exercising a liberal profession ensures that the consumer, when placing an order, explicitly recognizes that the order implies an obligation to pay. If, in order to place an order, a button or similar function must be activated, the button or similar function only bears the easily readable mention "command with obligation of payment" or a similar formula, without ambiguity, indicating that placing the order requires to pay the person exercising a liberal profession. If the person exercising a liberal profession 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 concluded on a distance communication technique that imposes space or time constraints for the presentation of the information, the person exercising a liberal profession 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 person exercising a liberal profession, the total price, the right of withdrawal, the duration of the contract and, in the case 27, § 1^er, 1°, 2°, 5°, 8° and 15°. The person exercising a liberal profession shall provide the consumer with the other information referred to in Article XIV. 27, § 1^erin a form adapted in accordance with paragraph 1^er of this article.
§ 5. Without prejudice to paragraph 4, where the person exercising a liberal profession contacts the consumer by telephone to enter into a remote contract, the person declines, at the beginning of the conversation with the consumer, his or her identity and, if any, the identity of the person on whose behalf the person makes the telephone call and specifies the nature of the call.
§ 6. The King may, for the sectors of professional activity or product categories, determine that, when a contract is entered into by telephone, the person exercising a liberal profession must confirm the offer to the consumer and that the offer is bound by the offer only after having signed or accepted it in writing. Such confirmation may, where appropriate, take place on a sustainable medium.
§ 7. The person exercising a liberal profession 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 contract is entered into and, at the latest, at the time of delivery of the property or before the commencement of the service.
This confirmation includes:
(a) all information referred to in Article XIV. 27, § 1^erunless the person exercising a liberal profession has already provided this information to the consumer on a sustainable basis prior to the conclusion of the contract remotely, and
(b) where applicable, confirmation of the express prior agreement and recognition by the consumer in accordance with Article XIV. 35, 8°.
§ 8. When a consumer wants the delivery of a service to begin during the withdrawal period provided for in Article XIV. 29, § 2, the person exercising a liberal profession requires the consumer to make an express request.
Art. XIV. 29. § 1^er. Without prejudice to Article XIV. 35, the consumer has 14 days to withdraw from a remote contract, without having to motivate his decision and without paying any costs other than those provided for in Article XIV. 32, § 2, and Article XIV. 33.
§ 2. Without prejudice to Article XIV. 30, 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 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.
Art. XIV. 30. If the person exercising a liberal profession fails to inform the consumer of his right of withdrawal as required by Article XIV. 27, § 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 XIV. 29, § 2.
If the person exercising a liberal profession has communicated to the consumer the information provided in paragraph 1^er within twelve months of the day referred to in Article XIV. 29, § 2, the withdrawal period expires after a period of 14 days from the day the consumer received this information.
Art. XIV. 31. § 1^er. The consumer informs the person exercising a liberal profession, before the expiry of the withdrawal period, of his 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 XIV. 29, § 2, and Article XIV. 30, if it addresses the communication concerning the exercise of the right of withdrawal before the expiry of that period.
§ 3. The person exercising a liberal profession 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 website of the person exercising a liberal profession, or the model of a withdrawal form in Appendix 2 to this book, or another statement without ambiguity. In these cases, the person exercising a liberal profession 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. XIV. 32. § 1^er. The person exercising a liberal profession shall reimburse all payments received from the consumer, including, where applicable, the shipping costs, without undue delay and in any event within 14 days after the person is informed of the consumer's decision to withdraw from the contract in accordance with Article XIV. 31.
The person exercising a liberal profession shall make the refund referred to in the first paragraph using the same means of payment 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 person exercising a liberal profession 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 person exercising a liberal profession.
§ 3. With respect to sales contracts, unless it proposes to recover the goods itself, the person exercising a liberal profession 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. XIV. 33. § 1^er. Unless the person exercising a liberal profession proposes to recover the goods himself, the consumer shall return or return the goods to the person exercising a liberal profession or to a person authorized by the person to receive the goods without undue delay and, in any event, no later than 14 days after the communication of his decision to withdraw from the contract to the person exercising a liberal profession in accordance with Article XIV. 31. 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 person exercising a liberal profession agrees to take them on his or her behalf or fails to inform the consumer that he or she is responsible for 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 property where the person exercising a liberal profession has failed to inform him of his right of withdrawal in accordance with Article XIV. 27, § 1^er8°.
§ 3. When the consumer exercises his right of withdrawal after applying in accordance with Article XIV. 28, § 8, he pays to the person exercising a liberal profession an amount that is proportional to what was provided until he has informed the person exercising a liberal profession 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 person exercising a liberal profession 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 service delivery in whole or in part, during the withdrawal period, where:
(a) the person exercising a liberal profession failed to provide the information referred to in Article XIV. 27, § 1^er8° or 10°; or
(b) where the consumer has not expressly requested that the execution commence during the withdrawal period under Article XIV. 28, § 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 XIV. 29; or
(b) the consumer has not recognized the loss of his right of withdrawal by giving his agreement; or
(c) the person exercising a liberal profession failed to provide confirmation in accordance with Article XIV. 28 § 7.
§ 5. Unless otherwise provided in Article XIV. 32, § 2, and of this article, the consumer is not liable for the exercise of the right of withdrawal.
Art. XIV. 34. § 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 Articles XIV. 29 to XIV. 34, § 1^er, the effect is to automatically terminate any incidental contract, free of charge to the consumer, except those referred to in Article XIV. 32, § 2, and Article XIV. 33.
Art. XIV. 35. The consumer may not exercise the right of withdrawal under Article XIV. 29 for:
1° service contracts after the service has been fully executed if the performance 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 person exercising a liberal profession;
2° the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the person exercising a liberal profession 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 contracts in which the consumer has expressly asked the person exercising a liberal profession to visit him in order to perform urgent maintenance or repair work. If, on the occasion of this visit, the person exercising a liberal profession 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;
8° the supply 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.
Art. XIV. 36. It is the responsibility of the person exercising a liberal profession to provide evidence that it has met the obligations relating to consumer information, compliance with deadlines, consumer consent to the conclusion of the contract and, if necessary, its enforcement during the withdrawal period.
Art. XIV. 37. 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 chapter, involving the person exercising a liberal profession, 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.
Section 3. Contracts outside the usual place of practice
Art. XIV. 38 § 1^er. This chapter does not apply to contracts written by a notary or by a judicial officer in their capacity as a public officer.
§ 2. This chapter also does not apply to contracts for legal aid provided by a lawyer under Book IIIbis of the Judicial Code.
Art. XIV. 39. § 1^er. Before the consumer is bound by a contract outside the usual place of practice of the profession, the person exercising a liberal profession provides, in a clear and understandable form, the following information:
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 person exercising a liberal profession including his business number, name;
3° the geographic address where the person exercising a liberal profession is established as well as its telephone number, fax number and e-mail address, when available, to allow the consumer to contact it promptly and to communicate with it effectively and, where applicable, the geographic address and identity of the person exercising a liberal profession on whose behalf it acts;
4° if it differs from the address provided in accordance with point 3°, the geographic address of the place of practice of the person exercising a liberal profession and, where applicable, that of the person exercising a liberal profession 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 or, where such additional costs cannot reasonably be calculated in advance, the mention that they may be payable. 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 of payment, delivery and enforcement, the date on which the person exercising a liberal profession undertakes to deliver the goods or perform the services and, where applicable, the terms and conditions provided by the person exercising a liberal profession for the processing of the claims;
7° where the right of withdrawal exists, the conditions, the time and the procedure for exercising that right in accordance with Article XIV. 43, 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 exercise the right of withdrawal after submitting an application in accordance with Article XIV. 40, § 2, paragraph 2, the information that the consumer is required to pay reasonable costs to the person exercising a liberal profession in accordance with Article XIV. 45, § 3;
10° where the right of withdrawal is not provided in accordance with Article XIV. 47, 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 ethical 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 person exercising a liberal profession and the conditions thereof;
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 is reasonably known to the person exercising a liberal profession;
19° where applicable, the possibility of resorting to an extra-judicial complaint and redress procedure to which the person exercising a liberal profession is subject and the means of access to it.
§ 2. The information referred to in paragraph 1^er, points 7°, 8° and 9°, may be provided by means of standardized retracting information on the model referred to in Appendix 1 to this book. The person exercising a liberal profession 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.
§ 3. The information referred to in paragraph 1^er are an integral part of the contract outside the usual place of practice of the profession and cannot be modified unless the contracting parties decide otherwise expressly.
§ 4. If the person exercising a liberal profession has failed to comply with the additional fees and other charges referred to in subsection 1^er, 5°, or the transfer of property, referred to in paragraph 1^er, 8°, the consumer does not support these costs.
§ 5. The burden of proof with respect to the information obligations set out in this section is on the person exercising a liberal profession.
Art. XIV. 40. § 1^er. The person exercising a liberal profession shall provide the information provided in Article XIV. 39, § 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 person exercising a liberal profession 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 appropriate, the confirmation of the express prior agreement and the recognition by the consumer in accordance with Article XIV. 47, 8°.
When a consumer wants the delivery of a service to begin during the withdrawal period provided for in Article XIV. 41, § 2, the person exercising a liberal profession requires the consumer to make an express request on a sustainable basis.
Art. XIV. 41. § 1^er. Without prejudice to Article XIV. 47, the consumer has a period of 14 days to withdraw from a contract outside the usual place of practice of the profession, without having to motivate his decision and without paying any costs other than those provided for in Article XIV. 44, § 1^er, paragraph 2, and Article XIV. 45.
§ 2. Without prejudice to Article XIV. 42, the withdrawal period referred to in paragraph 1^erexpires 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.
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. XIV. 42. If the person exercising a liberal profession fails to inform the consumer of his right of withdrawal as required by Article XIV. 39, § 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 XIV. 41, § 2.
If the person exercising a liberal profession has communicated to the consumer the information provided in paragraph 1^er within twelve months of the day referred to in Article XIV. 41, § 2, the withdrawal period expires after a period of fourteen days from the day that the consumer received this information.
Art. XIV. 43. § 1^er. The consumer informs the person exercising a liberal profession, before the expiry of the withdrawal period, of his 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 XIV. 41, § 2, and Article XIV. 42, if it addresses the communication concerning the exercise of the right of withdrawal before the expiry of that period.
§ 3. The person exercising a liberal profession 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 website of the person exercising a liberal profession, or the model of a withdrawal form in Appendix 2 to this book, or another statement without ambiguity. In these cases, the person exercising a liberal profession 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. XIV 44. § 1^er. The person exercising a liberal profession shall reimburse all payments received from the consumer, including, where applicable, the shipping costs, without undue delay and in any event within fourteen days after the person is informed of the consumer's decision to withdraw from the contract in accordance with Article XIV. 43.
The person exercising a liberal profession shall make the refund referred to in the first paragraph using the same means of payment 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 person exercising a liberal profession 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 person exercising a liberal profession.
§ 3. With respect to sales contracts, unless it proposes to recover the goods itself, the person exercising a liberal profession 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. XIV. 45. § 1^er. Unless the person exercising a liberal profession proposes to recover the goods himself, the consumer returns or renders the goods to the person exercising a liberal profession or to a person authorized by the person to receive the goods without undue delay and, in any case, no later than 14 days after the communication of his decision to withdraw from the contract to the person exercising a liberal profession in accordance with Article XIV. 43. 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 person exercising a liberal profession agrees to take them on his or her behalf or fails to inform the consumer that he or she is responsible for them.
When the goods were delivered to the consumer's home at the time of the contract's conclusion, the person exercising a liberal profession recovers the goods at his or her 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 property where the person exercising a liberal profession has failed to inform him of his right of withdrawal in accordance with Article XIV. 39, § 1^er7°.
§ 3. When the consumer exercises his right of withdrawal after making an express request in accordance with Article XIV. 40, § 2, paragraph 2, he shall pay to the person exercising a liberal profession an amount that is proportional to what was provided until he has informed the person exercising a liberal profession 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 person exercising a liberal profession 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 service delivery, in whole or in part, during the withdrawal period, where:
(a) the person exercising a liberal profession failed to provide the information referred to in Article XIV. 39, § 1^er, 7° and 9°, or
(b) where the consumer has not expressly requested that the execution commence during the withdrawal period under Article XIV. 40, § 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 XIV. 41; or
(b) the consumer has not recognized the loss of his right of withdrawal by giving his agreement; or
(c) the person exercising a liberal profession has not fulfilled the obligations referred to in Article XIV. 40, § 2.
§ 5. Unless otherwise provided in Article XIV. 44, § 2, and of this article, the consumer is not liable for the exercise of the right of withdrawal.
Art. XIV. 46. § 1^er. The exercise of the right of withdrawal has the effect of extinguishing the obligation of the parties:
1° to execute the contract outside the usual place of practice of the profession, or
2° to conclude the contract out of the usual place of practice of the profession, 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 contract outside the usual place of practice of the profession, in accordance with sections XIV. 41 to XIV. 45, the effect is to automatically terminate any incidental contract, at no cost to the consumer, except those referred to in Article XIV. 44, § 2 and Article XIV. 45.
Art. XIV. 47. The consumer may not exercise the right of withdrawal under Article XIV. 41 for:
1° service contracts after the service has been fully executed if the performance 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 person exercising a liberal profession;
2° the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the person exercising a liberal profession 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 contracts in which the consumer has expressly asked the person exercising a liberal profession to visit him in order to perform urgent maintenance or repair work. If, on the occasion of this visit, the person exercising a liberal profession 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;
8° 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;
9° contracts for the construction of new buildings and the significant transformation of existing buildings.
Section 4. Joint supply
Art. XIV. 48. The joint offer to the consumer is permitted provided that it is not an unfair professional practice within the meaning of Articles XIV. 60 et seq.
Section 5. Abuse of clauses
Art. XIV. 49. 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 section XIV. 18, § 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. XIV. 50. In contracts between a person exercising a liberal profession and a consumer, are in any case abusive, the clauses and conditions or combinations of clauses and conditions that are intended to:
1° provide for an irrevocable commitment of the consumer, while the performance of the benefits of the person exercising a liberal profession is subject to a condition whose realization depends on his own will;
2° to determine, in indefinite contracts, that the price of the goods is fixed at the time of delivery or to allow the person exercising a liberal profession to unilaterally increase the price or to modify the conditions to the detriment of the consumer on the basis of elements that depend on his or her 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
However, the price indexing clauses are authorised and valid, provided that they are not unlawful and that the mode of adaptation of the price is explicitly described in the contract;
3° to determine, in fixed-term contracts, that the price of products is fixed at the time of delivery or to allow the person exercising a liberal profession to unilaterally increase the price or change the conditions to the detriment of the consumer on the basis of elements that depend on his or her 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 the right to unilaterally modify the characteristics of the product to be delivered to the person exercising a liberal profession, if these characteristics are essential to the consumer or for the use to which the consumer destined the product, provided that such use has been communicated to the person exercising a liberal profession and accepted by the consumer or that, in the absence of such specification, such use has been reasonably foreseeable;
5° unilaterally fix or modify the delivery time of a product;
6° grant the person exercising a liberal profession the right to determine unilaterally whether the product delivered is in accordance with the contract, or confer on the person exercising an exclusive right to interpret any clause of the contract;
7° prohibit the consumer from requesting the contract resolution in the event that the person exercising a liberal profession does not perform its obligations;
8° restricting the right of the consumer to terminate the contract where, within the framework of its contractual guarantee obligation, the person exercising a liberal profession does not respect or fail to meet within a reasonable time its obligation to repair or replace the property;
9° compel the consumer to fulfil their obligations, while the person exercising a liberal profession would not have performed his or her own or would fail to perform his or her own duties;
10° without prejudice to article 1184 of the Civil Code, allowing the person exercising a liberal profession to unilaterally terminate the fixed-term contract, without compensation to the consumer, except for the case of force majeure;
11° without prejudice to article 1184 of the Civil Code, authorize the person exercising a liberal profession to unilaterally terminate the contract for an indefinite period 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 person exercising a liberal profession from his or her responsibility because of his or her dol, his or her heavy fault or that of his or her agents or agents, or, except in the case of force majeure, because of any failure to perform an obligation consisting of one of the principal 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° setting an unreasonably short period to report to the person exercising a liberal profession of defects in the delivered product;
16° prohibit the consumer from offsetting his debt to the person exercising a liberal profession by a debt he would have on it;
17° to determine the amount of compensation payable by the consumer who does not perform his or her obligations, without providing compensation in the same order to the person exercising a liberal profession who does not perform his or her 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° to renounce the consumer, in the event of a conflict, any means of appeal against the person exercising a liberal profession;
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 injury that may be suffered by the person exercising a liberal profession;
25° exclude or limit the legal liability of a person exercising a liberal profession in the event of a consumer's death or injury to the consumer and resulting from an act or omission of that person exercising a liberal profession;
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 person exercising a liberal profession to retain amounts paid by the consumer when the consumer renounces the conclusion or performance of the contract, without providing for the consumer's right to receive an allowance of an equivalent amount on the part of the person exercising a liberal profession when the latter renounces;
28° allow the person exercising a liberal profession to retain the sums paid by the consumer when it is the person exercising a liberal profession itself who terminates the contract;
29° restrict the obligation of the person exercising a liberal profession to respect the commitments made by his or her agents, or to submit his or her commitments to respect a particular formality;
30° improperly exclude or limit the legal rights of the consumer to the person exercising a liberal profession or another party in the event of complete or partial non-performance or defective performance by the person exercising a liberal profession of any of its contractual obligations;
31° provide for the possibility of transfer of the contract from the person exercising a liberal profession, where such assignment is likely to result in a reduction in consumer guarantees, without the consent 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. XIV. 51. § 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. XIV. 52. 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 it determines, prescribes or prohibits the use of certain clauses in the contracts concluded between a person exercising a liberal profession and a consumer. It can also impose the use of standard contracts.
Before proposing an order under paragraph 1^er, the Minister shall consult with the Commission on Unlawful Clauses 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. XIV. 53. § 1^er. The Commission on Excessive Clauses is aware of clauses and conditions used in offers for sale and sales of products between persons exercising a liberal profession 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.
Art. XIV 54. § 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 terms or conditions used in offers for sale and sales of products between persons exercising a liberal profession 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.
Section 7. Order order
Art. XIV. 55. During the sale, any person exercising a liberal profession 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.
Section 8. supporting documents
Art. XIV. 56. § 1^er. Any person exercising a liberal profession who provides services to the consumer is required to deliver free of charge to the consumer who requests a supporting document. This obligation is waived when the service price has been communicated in accordance with Article XIV. 4, § 2, or when a quotation or invoice is issued including the mentions referred to in § 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 § 1^er, for the services or categories of services it determines, require the person exercising a liberal profession to issue a supporting document free of charge to the consumer, which determines the mentions and terms and conditions.
§ 3. Orders made pursuant to § 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. XIV. 57. The consumer is required to pay the services presumed only at the delivery of the requested supporting document, when this surrender is imposed by section XIV. 56.
Section 9. Reconduction of service contract
Art. XIV. 58. § 1^er. When a fixed-term service contract between a person exercising a liberal profession 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 Act of 25 June 1992 on the land insurance contract, the consumer may, after the tacit renewal of a fixed-term service contract, terminate the contract at any time, without compensation, after a notice period specified in the contract, without the delay being longer than two months.
§ 3. As long as no law sets specific rules relating to the tacit renewal of service 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 §§ 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
Section 1^er. Unfair professional practices with respect to consumers
Section 1^re. Scope
Art. XIV. 59. This section applies to unfair professional practices of persons exercising a liberal profession vis-à-vis consumers before, during and after the offer for sale and sale of products.
Section 2. Unfair professional practices
Art. XIV. 60 A professional 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 professional 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 a mental or physical infirmity, age or credulity, while it could reasonably be expected of persons exercising a liberal profession that it predicts this consequence, is assessed from the point of view. 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. XIV. 61. Unfair, the professional practices of persons exercising a liberal profession with respect to consumers who:
1° are misleading within the meaning of Articles XIV. 64 to XIV. 67, or
2° are aggressive within the meaning of Articles XIV. 68 to XIV. 70.
Art. XIV. 62. The unfair professional practices of persons exercising a liberal profession with respect to consumers are prohibited.
Art. XIV. 63. 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 the Council of 27 October 2004 relating to the cooperation between the national authorities responsible for ensuring 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. Misleading professional practices
Art. XIV. 64. A professional practice is deemed misleading if it contains false information and is therefore false or that, in any way, including by 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 commitments of the person exercising a liberal profession, the motivation of professional practice and the nature of the sale process, as well as any affirmation or symbol that the person exercising a liberal profession or the 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 a person exercising a liberal profession or intermediary, such as his or her identity and heritage, qualifications, status, approval, affiliation or links and industrial, commercial or intellectual property rights or rewards and distinctions;
7° the rights of the consumer, in particular the right of replacement or refund under the provisions of the law of 1^er September 2004 on consumer protection in the event of sale of consumer goods, or the risks it may take.
Art. XIV. 65. It is also deemed misleading, a professional 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 person exercising a liberal profession of undertakings contained in a code of conduct by which the person committed to be bound, therefore:
(a) that these commitments are not declarations of intent, but are firm and verifiable, and
(b) that the person exercising a liberal profession, in the context of a professional practice, indicates that it is bound by the code.
Art. XIV. 66. § 1^er. A professional practice is considered to be a misleading omission if, in its factual context, taking into account all its characteristics and circumstances, as well as the limitations of the means of communication used, it omits substantial information that the average consumer needs, given the context, to make an informed commercial decision and, therefore, brings it or is likely to lead it to make a commercial decision that it would not otherwise have taken.
§ 2. Also considered a misleading omission, a professional practice by which a person exercising a liberal profession conceals substantial information referred to in § 1^er, or provides it in a unclear, intelligible, ambiguous or counter-time manner, or does not indicate its commercial intention as long as it does not already emerge from the context and when, in any case, the average consumer is thus led or is likely to be led to a commercial decision that it would not otherwise have taken.
§ 3. When the means of communication used for professional 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 person exercising a liberal profession 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 geographical address and identity of the person exercising a liberal profession, and, where appropriate, the geographical address and identity of the person exercising a liberal profession 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, any additional costs 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. XIV. 67. Are unfair business practices, in all circumstances, misleading professional 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 person exercising a liberal profession, including his or her professional practices, or that a product has been approved, approved or authorized by a public or private organization, whereas that is not the case or without respect for the conditions of the approval, approval or authorization received;
5° propose the purchase of products at a specified price without revealing the plausible reasons that the person exercising a liberal profession may think that they will not be able to provide themselves, or provide by another person exercising a liberal profession, the products in question or products equivalent to the price indicated, for a period and in quantities that are reasonable given to 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 person exercising a liberal profession communicated prior to the transaction, in a language that is not one of the national languages and, thereafter, provide that 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 person exercising a liberal profession;
11° use editorial content in the media to promote a product, while the person exercising a liberal profession has financed 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 person exercising a liberal profession is about to cease his or her activities or to establish them elsewhere, whereas that is not the case;
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 professional practice, that a competition 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 product;
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° falsely affirm or give the impression that the person exercising a liberal profession does not act for purposes that fall within the framework of his or her professional activity, or falsely appear 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 professional practices
Art. XIV. 68. A professional practice is deemed to be aggressive if, in its factual context, taking into account 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. XIV. 69. In order to determine whether a professional practice relies on harassment, coercion, including physical force, or unjustified influence, the following elements are taken into account:
1° the moment, place, nature and persistence of professional practice;
2° the use of physical or verbal threat;
3° knowingly exploiting by the person exercising a liberal profession of any misfortune or particular circumstance of a seriousness that alters the consumer's judgment, with the aim of influencing the consumer's decision on the product;
4° any non-contractual, paid or disproportionate obstacle imposed by the person exercising a liberal profession when the consumer wishes to assert his or her contractual rights, including that of ending the contract or changing the product or person exercising a liberal profession;
5° any threat of action while this action is not legally possible.
Art. XIV. 70. Are unfair professional practices in all circumstances, aggressive professional 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 or her request to see the person exercising a liberal profession leave or not return to the premises, without prejudice to legal or regulatory provisions authorizing him or her 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 XIV. 77; 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 the immediate or deferred payment of products provided by the person exercising a liberal profession without the consumer having requested them, or require their removal or retention;
7° expressly inform the consumer that if he does not buy the product or service, the employment of the person concerned or the means of existence of the person exercising a liberal profession 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.
Section 2. Unfair professional practices with respect to persons other than consumers
Art. XIV. 71. It is prohibited, any act contrary to honest professional practices by which a person exercising a liberal profession infringes or may affect the professional interests of one or more other persons exercising a liberal profession or of one or more other companies.
Art. XIV. 72. Without prejudice to other legal or regulatory provisions, is prohibited any advertisement of a person exercising a liberal profession 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, the effects on the environment, their appropriate character, their uses, quantity, specifications, their geographic or commercial origin, the results that may be expected of their use, the results and essential characteristics of the 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 person exercising a liberal profession, such as his or her identity, heritage, skills and industrial, commercial or intellectual property rights or the prices received and his or her distinctions;
and who, for these reasons, is likely to affect his or her economic behaviour or, for these reasons, damages or is likely to harm a person exercising a liberal profession;
2° contains denigrating elements in respect of another person exercising a liberal profession, his goods, services or activity;
3° allows without legitimate reason to identify one or more other persons exercising a liberal profession;
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. XIV. 73. Without prejudice to other legal or regulatory provisions, is prohibited any advertisement of a person exercising a liberal profession 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° hides 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 intention, provided that it is not clear from the context.
Art. XIV. 74. It is prohibited for any person exercising a liberal profession to prospect, either directly, or through a payment form, an order form, an invoice or an equivalent document, an offer, general terms, a correction proposal or any other similar document, advertisers to include them in guides, address files, telephone directories or lists, or any other similar documents
Art. XIV. 75. It is prohibited for any person exercising a liberal profession to send to another person, without prior request from him or her, any property, by inviting him to acquire that property against payment of his or her price, to keep it or to return it to his or her shipper, even without charge.
It is also prohibited for any person exercising a liberal profession to provide to another person, without prior request from him, any service by inviting him to accept that service against payment of his 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. XIV. 76. It is prohibited to create, operate or promote a pyramidal promotion system in which a person exercising a liberal profession pays an interest in exchange for the possibility of receiving a counterpart from the entry of new persons exercising a liberal profession into the system than the sale or consumption of products.
Section 3. Undesired communications
Art. XIV. 77. § 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 Article XIV shall be authorized to comply with the provisions of Article XIV. 78 to XIV. 82.
Art. XIV. 78. § 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 records each opposition of a subscriber, as referred to in § 1^erwithin five working days in a file intended for this purpose and communicates to the subscriber the date of 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. XIV. 79. § 1^er. Any telephone call for direct marketing reasons to a telephone number that is included in the file referred to in section XIV. 78, § 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 § 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. XIV. 80. 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. XIV. 81. § 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 XIV. 78, § 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 and conditions of communication of the subscriber referred to in Article XIV. 78, § 1^eras 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 XIV. 78.
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 XIV. 78, § 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. XIV. 82. 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.
Part 5. Final provisions
Art. XIV. 83. The King exercises the powers to Him entrusted by the provisions of Book XIV, Titles 1^er, 2, 3, 4, chapters 1^er and 3, on the Minister's proposal.
The King shall exercise the powers entrusted to him by the provisions of Book XIV, Title 4, Chapter 2, on the proposal of the Minister.
Where measures to be taken pursuant to Book XIV relate to goods or services that, in the areas covered by Title 1^er to 4 are regulated or liable to be regulated at the initiative of other Ministers, these measures must refer to the agreement of the ministers concerned in their preamble. 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 at 4, measures to be taken, on the initiative of other ministers than the Minister, 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 6, as follows:
"Section 6. Specific research and finding of book offences XIV
Art. XV.27. Where an instruction or finding measure of an offence under Book XIV is carried out against the person exercising a liberal profession within the meaning of Article I.8. 35°, such a thing occurs if applicable exclusively in the presence of the person exercising disciplinary authority over the person exercising the liberal profession, or after it has been duly called, so that it may judge whether, and possibly to what extent, the request for information or for the delivery of books and documents is compatible with the respect of professional secrecy.
In addition, this measure is implemented in accordance with the right to privacy of the client of the person exercising the profession.
Records and other documents of the person exercising the profession cannot be seized. A copy may be made that may be declared in conformity with the person exercising the profession, subject to the preceding paragraphs and in accordance with professional secrecy.
The representative of the competent disciplinary authority may address all his remarks regarding respect for professional secrecy to the authorities who ordered these measures. In the event of a nullity of the presence of the representative of the competent disciplinary authority or the fact that the latter was duly invited, and if so, the remarks that the representative of the disciplinary authority had to make.
Art. XV. 27/1. § 1^er. The offences referred to in Article XV.124, paragraph 2, may be sought and found by both the agents referred to in Article XV. 2 only by those referred to in Article 11 of the Act of 24 January 1977 on the protection of the health of consumers with regard to food and other products.
Art. XV.27/2. § 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. 27/3. § 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. 27/4. 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.124, 16°, 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. 27/5. The Minister or agent referred to in section XV.2 may request a person exercising a liberal profession to provide evidence regarding the material accuracy of the factual data that it discloses as part of a professional practice.
A person exercising a liberal profession must provide, within a maximum period of one month, evidence regarding the material accuracy of such data.
If the evidence required under paragraph 1^er are not made or deemed insufficient, the Minister or officer commissioned to do so may consider professional practice as contrary to the provisions of Book XIV, Title 4.".
Art. 5. In Book XV, Title 3, Chapter 2, of the same Code, a section 10 is inserted, as follows:
"Section 10. Penalties relating to offences in Book XIV
Art. XV. 124. A level 2 penalty shall be imposed on those who commit an offence to the provisions:
1° of articles XIV. 4 to XIV. 8 relating to the indication of prices and orders made pursuant to Article XIV. 8;
2° of articles XIV. 10 and XIV. 11 relating to the reference to its own previously applied price and to the decrees taken pursuant to articles XIV. 12 and XIV. 13;
3° of Article XIV. 20 concerning the presentation to the consumer, for signature, of a letter of exchange;
4° of articles XIV. 27 to XIV. 37 relating to remote contracts;
5° of articles XIV. 39 to XIV. 47 related to contracts outside the usual place of practice of the profession;
6° of articles XIV. 55 and XIV. 56 relating to the order form and supporting documents and orders issued pursuant to articles XIV. 55 and XIV. 56;
7° of articles XIV 62, XIV. 67 and XIV. 70 relating to unfair employment practices with respect to consumers, with the exception of sections XIV. 67, 12°, 14°, 16° and 17°, and XIV. 70, 1°, 2° and 8°;
8° of Article XIV. 74 on the prohibition of unfair market practices to prospect advertisers;
9° of Article XIV. 75 on forced purchases in respect of persons exercising a liberal profession;
10° of articles XIV. 77 to XIV. 82 relating to undesired communications;
11° of the regulations of the European Union that relate to matters under Book XIV relating to the regulation of the King.
Art. XV. 124/1. A level 3 penalty shall be imposed, those who, in bad faith, commit an offence to the provisions of Book XIV 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 XIV. 71.
Art. XV. 124/2. 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. 124/3. A level 6 penalty is imposed, those who commit an offence under Articles XIV. 67, 12°, 14°, 16° and 17°, and XIV. 70, 1°, 2° and 8° relating to unfair professional practices and Article XIV. 76."
Art. 6. Article XV. 131 of the Economic Law Code, the word "XIV," is inserted between the words "books" and "VIII and IX".
CHAPTER III. - Abrogatory provision
Art. 7. The Act of 2 August 2002 on misleading advertising and comparative advertising, abusive clauses and remote contracts with respect to liberal professions, as amended by the Act of 19 April 2007, is repealed.
CHAPTER IV. Attribution of skills
Art. 8. 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 V. - Final provisions
Art. 9. This Act comes into force on May 31, 2014.
Art. 10. The provisions of Title 3 of Book XIV "Contracts with Consumers" of the Economic Law Code, as set out in this Act, relating to contracts between a person exercising a liberal profession and a consumer only apply to contracts concluded after the coming into force of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2014.
PHILIPPE
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
Minister of Average Classes, EMPs and Independents,
Mrs. S. LARUELLE
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives:
(www.lachambre.be).
Documents: 53-3423 - 2013/2014.
Full report: 27 March 2014.
Senate:
(www.senate.be).
Documents: 5-2815 - 2013/2014.
Expiration of review time: April 18, 2014.

“Annex 1^re in Book XIV 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.
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)
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 it is 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 take 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 this 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 take 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 us 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 costs of returning 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 need 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 about ... 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 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 specified quantity, or urban heating, insert the following text:
"If you have requested to start the delivery of services or the provision of water/gas/electricity/urban heating [remove unnecessary mentions] during the withdrawal period, you will have to pay us a proportional amount to what has been provided to you until you have informed us of your withdrawal from this contract, in relation to all of the benefits provided by the contract. » » »

"Annex 2 to Book XIV 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 person exercising a liberal profession here inserts his/her name, geographic address and, when available, his/her 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
____
Note
(*) Biff the useless mention. »