Law On The Insertion Of The Book Xiv "market Practices And Consumer Protection Relating To Persons Exercising A Liberal Profession" In The Code Of Law Economic And On Insertion Of The Book Xiv-Specific Definitions And Provisions

Original Language Title: Loi portant insertion du Livre XIV "Pratiques du marché et protection du consommateur relatives aux personnes exerçant une profession libérale" dans le Code de droit économique et portant insertion des définitions propres au livre XIV et des dispositions

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009282&caller=list&article_lang=F&row_id=700&numero=721&pub_date=2014-05-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-30 Numac: 2014009282 FEDERAL JUSTICE PUBLIC SERVICE May 15, 2014. -Law on the insertion of the book XIV "Market practices and consumer protection relating to persons exercising a liberal profession" in the Code of law economic and bearing insert book XIV-specific definitions and enforcement provisions in book XIV, in the books I and XV of the Code of law economic (1) PHILIPPE, King of the Belgians, all, present and future Hello.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -The Code of economic law art.
2. in book I, Chapter 2, of the Code of economic law, there shall be inserted a chapter 5, as follows: "Chapter 5. Book XIV article-specific definitions I. 8. For the purposes of book XIV, the following definitions shall apply: 1 ° homogeneous services: all services whose characteristics and modalities include identical or similar, regardless of the moment or of the place of performance of the service provider or of the person to whom they are intended;
2 ° labelling: references, indications, instructions, marks, images or signs pertaining to a property or a seamless service and on the property itself or on any packaging, document, notice, label, ring or collar accompanying this good or this service or referring thereto;
3 ° put on the market: import to sale, possession for sale, offer for sale, sale, offer for hire of goods and services, hire of goods and services, the assignment for payment or free of charge, where these operations are carried out by a person engaged in a liberal profession;
4º goods sold in bulk: goods are not subject to any packaging and which are measured or weighed by the consumer or in his presence;
5 ° goods sold in the piece: assets that may be subject to a split without changing the nature or properties.
6 ° packaged goods: goods having undergone splitting, weighing, counting or measuring operations, operated even during the course of manufacture, followed or not a packing operation and intended to make unnecessary these operations when the offer for sale;
7 prepackaged goods °: packaged goods that are packaged before they are offered for sale in a package of whatever nature whatsoever, which covers them completely or only partially, but in such a way that the content can be changed without the package either being opened or a modification.
Are covered: has) pre-packaged in pre-established quantities goods: goods that are prepackaged as the quantity contained in the package to match a value chosen in advance;
b) pre-packaged goods in varying amounts: goods that are prepackaged as the quantity contained in the package may not match a value chosen in advance;
8 ° measurement unit: the unit referred to the Book VIII;
9 ° conditioner: the person who determines the property to offer for sale;
10 ° nominal quantity: the weight or volume indicated on a prepackage and corresponding to the net amount that the prepackage is deemed to contain.
11 ° advertising: any communication aimed directly or indirectly to promote the sale of products regardless of location or means of communication being implemented;
12 ° comparative advertising: any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor;
13 ° distance contract: any contract concluded between the person exercising a liberal profession and the consumer, an organized system of sale or provision of service remotely, without the simultaneous physical presence of the person exercising a liberal profession and the consumer on the exclusive use of one or more means of communication at a distance, until , and even at the time when the contract is concluded;
14 technical ° of distance communication: any means which, without the simultaneous physical presence of the person exercising a liberal profession and the consumer, may be used for the conclusion of the contract between those parties;
15 ° operator of a means of communication: any public or private, natural or legal person whose occupation is to put at the disposal of persons exercising a liberal profession one or more means of distance communication;
16 ° financial service: any service relating to the Bank, credit, insurance, individual pensions, investments and payments;
17 ° durable medium: all instrument allowing to the consumer or the person exercising a liberal profession store information addressed to him personally in a way to reference later during a period of time adequate to the purposes of the information and which allows the the unchanged reproduction of the information stored;
18 ° provider: any person engaged in a liberal profession which is the contractual provider of services subject to distance contracts;
19 ° joint offer: offer binding to the acquisition of goods and services, free or not, the acquisition of other goods or services;
20 ° unfair: any term or any condition in a contract between a person exercising a liberal profession and a consumer which, alone or combined with one or several other clauses or conditions, creates a clear imbalance between the rights and obligations of the parties at the expense of the consumer.
21 Professional practical °: any act, omission, conduct or representation, commercial communication including advertising and marketing, by a person engaged in a liberal profession, in direct connection with the promotion, sale or supply of a product;
22 ° substantial alteration of the economic behaviour of consumers: the use of a professional practice significantly compromising the ability of the consumer to make an informed decision and causing it, therefore, to take a transactional decision that he would not have taken otherwise;
23 ° professional diligence: the level of special skill and care which the person engaged in a liberal profession is reasonably expected to demonstrate in its field of activity to the consumer, in accordance with honest practices in professional matters;
24 ° invitation to purchase: a commercial communication indicating the characteristics of the product and its price appropriately depending on the means used for this commercial communication and allowing the consumer to make a purchase;
25 ° undue influence: the use of a position of strength to the consumer so as to put pressure on it, even without resorting to physical force or threaten to do so, so that its ability to make an informed decision be limited significantly.
26 ° business decision: any decision taken by a consumer concerning whether, the terms and conditions to purchase, make payment in whole or in part, to keep, to discard or to exercise a contractual right in relation to the product, it has led him to act or refrain from acting;
27 ° though manufactured according to the specifications of the consumer: non-prefabricated good realized on the basis of an individual choice or a decision of the consumer;
28 ° contract outside the usual place of exercise of the profession: any contract between the person exercising a liberal profession and the consumer: was) 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 exercise of the profession of the person exercising a liberal profession; (or b) having made an offer to the consumer in the same circumstances, as indicated in item a); or c) concluded in the usual place of exercise of the profession of the person exercising a liberal profession or using a means of distance communication immediately after the consumer has requested personally and individually in a place that is not the establishment of the person exercising a liberal profession, in the physical presence of the person engaged in a liberal profession and the consumer; or d) concluded during an excursion organised by the person exercising a profession whose purpose to promote and sell goods or services to the consumer;
29 ° the usual place of exercise of the profession: has) any building site from the practice where the person exercising a liberal profession is engaged permanently; or b) any loose site of exercise of the profession where the person engaged in a liberal profession is engaged in the usual manner;
30 ° sales contract: any contract whereby the person exercising a liberal profession transfers or undertakes to transfer ownership of the goods to the consumer and the consumer pays or agrees to pay the price of these, including contracts relating both to goods and services;
31 ° service contract: any contract other than a contract of sale whereby the person exercising a liberal profession provides or is committed to providing a service to the consumer and the consumer pays or agrees to pay the price of it;
32 °

digital content: data produced and supplied in digital form;
33 ° commercial warranty: any commitment of the person exercising a liberal profession or producer to the consumer, in addition to its legal obligations relating to the guarantee of compliance, 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 it does not respond to the specifications or with other potential non-compliance-related statements in the warranty statement or in the relevant publicity at the time of the conclusion of the contract or before;
34 ° ancillary contract: a contract under which the consumer acquires goods or services relating to a contract, the goods or services being supplied by the person exercising a liberal profession or a third party on the basis of an agreement concluded between the latter and the person exercising a liberal profession;
35 ° person engaged in a liberal profession: any physical or legal person who, intellectually independently and under its own responsibility, exercises a professional activity consisting primarily of intellectual performances, followed previously required training, is required to follow continuing training, is subject to a disciplinary body established by or under the Act and is not a trader within the meaning of article 1 of the Commercial Code.
36 ° Minister: Ministers for justice and where appropriate for the economy, SMEs and middle classes and public health.
S. 3. in the same Code, it is inserted a book XIV, as follows: "book XIV. Market practices and consumer protection relating to the professions 1st title. General principles article XIV. 1. § 1. This book focuses the regulation of market practices and the protection of the consumer concerning persons exercising a liberal profession, without prejudice to the specific provisions y in force for different professions.
This book applies to persons exercising a liberal profession for the characteristic intellectual services of these professions they provide.
It aims the transposition of: 1. Council Directive 93/13 / EEC of 5 April 1993 on unfair terms in contracts concluded with consumers;
2 directive 2002/58 / EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the sector of electronic communications (directive on privacy and electronic communications);
3 directive 2004/48 / EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of 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 ensuring the application of legislation on the protection of consumers (the regulation on consumer protection cooperation");
5. directive 2005/29 / EC of the European Parliament and of the Council of 11 May 2005 on unfair commercial practices of the business-to-consumer in the internal 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 of the Council and Regulation (EC) No 2006/2004 of the European Parliament and the Council ("unfair commercial practices directive");
6. directive 2006/114 / EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version).
7 directive 2011/83/EU European Parliament and of the Council of 25 October 2011 on the rights of consumers amending Council directive 93/13/EEC and Directive 1999/44 / EC of the European Parliament and of the Council and repealing Council Directive 85/577 / EEC of the Council and Directive 97/7/EC of the European Parliament and of the Council.
Title 2.
Chapter 1 consumer information. General obligation to s. consumer information XIV. 2. § 1. This chapter does not apply to contracts written by a notary or a bailiff in their capacity as officer public.

§ 2. This chapter applies to contracts relating to legal assistance by a lawyer in accordance with Book III bis of the Judicial Code.
S. XIV. 3. Before the consumer is bound by one contract other than a contract remotely or outside the usual place of exercise of the profession, the person exercising a liberal profession provides to the consumer the following information, in a clear and understandable manner, provided that they are not the context: 1 ° the main characteristics of the product, to the extent appropriate by means of communication used and the product concerned;
2 ° the identity of the person exercising a liberal profession, including its business number, the geographical address of its establishment and his telephone number;
3 ° the total price of all taxes, and all services to pay must in addition by the consumer, or where the price cannot reasonably be calculated in advance because of the nature of the product, the price calculation mode, and if applicable, any additional charges or, where these charges cannot reasonably be calculated in advance the words that these charges may be payable;
4 ° where appropriate, the payment terms, delivery and execution, the date on which the person exercising a liberal profession undertakes to deliver the product and laid down by the person exercising a profession for the treatment of claims;
5 ° in addition to the reminder of the existence of a legal guarantee of conformity for property, the existence of an after-sales service and commercial guarantees, where applicable, as well as the conditions y;
6 ° where appropriate, the duration of the contract, or, if it is a permanent contract or automatic renewal, termination of the contract conditions;
7 ° where appropriate, the capabilities of digital content, including technical protection measures applicable;
8 ° if applicable, any relevant interoperability of digital content with some hardware or software and other services which the person exercising a liberal profession is or ought reasonably to be aware.
Chapter 2. An indication of the price article XIV. 4. § 1.
Any person exercising a liberal profession offering goods for sale to the consumer, must indicate the price in writing and unequivocally.
If the goods are exposed for sale, the price is also shown legibly and apparent.
§ 2. Any person exercising a liberal profession that offers to the consumer of the homogeneous services indicates the price written legibly, apparent and unambiguous.
S. XIV. 5. The price quoted is the price total to be paid by the consumer, including the value added tax, all other taxes, as well as the cost of all services must be paid in addition by the consumer.
S.
XIV. 6. Prices for consumers are at least in euro.
S. XIV. 7. All advertising for consumers doing a price stated in accordance with the provisions of articles XIV.
5 and XIV. 6, and the provisions adopted in implementation of article XIV. 8, 1 °.
S. XIV. 8.
For the products or categories of products that it determines, the King may, by order deliberated in Council of Ministers and after consultation with the relevant professional organization: 1 ° prescribe special methods for the indication of the prices.
2 ° exempt from the obligation to indicate the price in an apparent way exposure for sale and for homogeneous services on offer;
3 ° to determine, for the services or categories of services other than homogeneous services, under what circumstances and on what terms a prior quotation must be issued to the consumer, provided that it makes the request and the person engaged in a liberal profession is willing to provide the service.
Chapter 3. Comparative advertising art. XIV. 9. § 1. Comparative advertising is lawful as the following conditions are satisfied in relation to the comparison: 1 ° it is not misleading within the meaning of article XIV. 64 XIV. 67 and article XIV. 72, 1 °;
2 ° it compares goods or services meeting the same needs or intended for the same purpose;
3 ° it objectively compares one or more characteristics material, relevant, verifiable and representative of these goods and services, which the price may be part.
4 ° it does not lead to confusion among persons exercising a liberal profession between the advertiser and a competitor or between names, other distinguishing marks, goods or services of the advertiser and those of a competitor;
5 ° it does not discredit or denigrate names, other distinguishing marks, goods, services, activities or circumstances of a competitor;
6 ° for goods with designation of origin, it relates in each case to goods with the same designation;
7 ° it does not take unfair advantage of the reputation attaching to a name or other distinguishing marks of a competitor;
8 ° does not a goods or services as imitations or replicas of a good or of a service bearing a trademark or protected trade name.
§ 2. Is prohibited, any comparative advertising which fails to comply with the conditions laid down in the § 1.

§ 3. By way of derogation to the § 1, the King may, after consultation with the relevant professional authorities prohibit or restrict comparative advertising to the extent necessary to preserve the dignity and ethics of the professions concerned.
Chapter 4. Promotions Section 1st pricing. The reference to its own price previously applied arts.
XIV. 10. A person engaged in a liberal profession may not, to the consumer, make the announcement of a reduction in price compared to the product applied previously for the same price, when the new price is lower than the reference price, which is the lowest price that it applied in the months preceding the first day for which the new price is announced. The burden of proof of the compliance with this condition to the person exercising a liberal profession.
If the person exercising a liberal profession operates several outlets or uses several sales techniques, the reference price is the lowest price that it applied during the period referred to in paragraph first in the point of sale or according to the technique of sale for which the announcement is made.
At the mention of the new price, the announcement also mentions the reference price, or the information allow the average consumer to calculate this reference immediately price and easily.
When the person exercising a liberal profession applied a percentage uniform reduction on products or product categories, it can mention that the reference price. The announcement indicates if the reduction was made.
S. XIV. 11.
The price reduction may be announced for a period not exceeding one month. The period during which the reduction is announced can be less than a full day of sale.
The date from which the discounted price applies remains indicated throughout the sale period during which it is advertised as discounted.
S. XIV. 12. The King may, for goods and services or categories of goods and services which it designates, prescribe special arrangements with regard to the reference to own prices previously.
S. XIV. 13. The King means the goods, services or categories of goods or services for which the ads referred to in article XIV. 10, paragraph 1, are forbidden, and fixed the terms and periods of application of these prohibitions.
Before proposing an order under the preceding paragraph, the Minister shall consult the Consumer Council and the Board of Governors for the self-employed and SMEs and fixed the reasonable time within which notice must be given. After this period, the notice is no longer required.
Section 2. Securities giving entitlement to a refund or a reduction in price s. XIV. 14. The titles offered by a person engaged in a liberal profession during the acquisition of a good or of a service and giving the right to a subsequent refund of the prize or a portion of the price mention the following data: 1 ° the name, address and, if applicable, the form of company and business of the issuer number;
2 ° the amount repaid;
3 ° the limits of their period of validity, except if it is unlimited;
4 ° the terms and conditions for reimbursement, including the steps that the holder of the title must undertake to obtain reimbursement and the period in which the reimbursement will be made unless these information are communicated at the same time as the title in a separate document.
S. XIV. 15. § 1. Any person exercising a liberal profession that is seen to present a title which was distributed free of charge by itself or by any other person exercising a liberal profession and allowing its holder to purchase one or several goods and/or services, to immediately obtain a price reduction, is obliged to accept, provided that the conditions of the offer are fulfilled.
If the title has been issued by any other person exercising a liberal profession as that to which it is submitted, the requirement in paragraph 1 applies however only when the title referred to the data listed in paragraph 2.
§ 2. The data referred to the § 1, paragraph 2, are: 1 ° the name, address and, if applicable, the form of company and business of the issuer number;
2 ° the amount of reduction;
3 ° the goods or services must be understood in order to use the title.
4 ° the sale points where the title can be used, unless it can be used in all points of sale where goods or services are offered for sale;
5 ° the period of validity of title, unless the person is unlimited.
S. XIV. 16. Any person who issues securities referred to in this section becomes, to the conditions of their issuance, debtor of the receivable that represent these titles.
Insofar as the issuer of the securities referred to in article XIV. 15, not is not the person exercising a profession in which the title was presented, the transmitter is repay it within a reasonable period to the person exercising a profession in which the title was presented.
Chapter 5. Miscellaneous provisions art. (XIV) 17. § 1. Without prejudice to the powers conferred to him under another legal provision, the King may, by Decree deliberated in the Council of Ministers, for goods or services or categories of goods or services that it determines: 1 ° prohibit or restrict the advertising, to ensure greater protection of the safety of the consumer and the environment;
2 ° determine the minimum particulars of advertising, to ensure better information for the consumer.
§ 2. Before proposing an order under the § 1, the Minister shall consult the Board of consumption as well as the Board of Governors for the self-employed and SMEs and organisations for people practising a profession liberal and fixed the reasonable time within which notice must be given. After this period, the notice is no longer required.
Title 3. Contracts with consumers Chapter 1. General provisions art. XIV. 18. § 1. When all or some clauses of a contract between a person engaged in a liberal profession and a consumer is written, these clauses must be written in clear and understandable terms.
§
2. In case of doubt about the meaning of a term, the interpretation most favourable to the consumer shall prevail.
This rule of interpretation is not applicable in the context of the action for an injunction referred to in book XVII.
A contract between a person engaged in a liberal profession and a consumer can be interpreted according to professional practices in direct relationship with him.
S.
XIV. 19. When a contract with a consumer was concluded as a result of an unfair professional practice referred to in article XIV. 67, 12 °, 16 ° and 17 °, and article XIV. 70, 1 °, 2 ° and 8 °, the consumer may, within a reasonable time from the moment he became aware or should have been aware of its existence, require reimbursement of amounts paid, without a refund of the product delivered.
When a contract with a consumer was concluded as a result of 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 article XIV. 70, 3 ° and 7 °, the judge may, without prejudice to the sanctions of common law, order the reimbursement to the consumer of the sums paid, no refund of the product delivered.
In the case of unsolicited to the consumer within the meaning of article XIV. 70, 6 °, the consumer is in any case exempt from the payment of the price or any other consideration, the absence of a response not constituting consent.
S. XIV. 20. Without prejudice to specific regulations that expressly permit it, it is prohibited to any person exercising a liberal profession to sign a bill of Exchange by the consumer to promise or make secure payment of liabilities of the.
S. XIV. 21. It is forbidden to the person exercising a liberal profession to charge telephone calls for which the consumer pays the content of the message, in addition to the rate of appeal, when these appeals concern the enforcement of a contract already concluded.
S. 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 for the agreed remuneration in respect of 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 it concluded it by resorting to options by default that the consumer must reject to avoid additional payment, the consumer is entitled to the refund of these amounts paid.
S.
XIV. 23. When using a means of payment, it is forbidden to the person exercising a liberal profession charge the customer charges greater than the costs that it supports for the use of these same means.
S. XIV. 24. § 1. Unless the parties provide otherwise regarding the timing of the delivery, the person exercising a liberal profession delivers the goods by transferring physical possession or control to the consumer without undue delay, but no later than 30 days after the conclusion of the contract.
§ 2. In the event of failure of the person exercising a liberal profession the obligation of delivery of the property at the time agreed

with the consumer, or within the time limits referred to in paragraph 1, the consumer directs to make delivery within a further period adapted to the circumstances. If the person exercising a liberal profession has not made delivery within such additional period, the consumer has the right to terminate the contract.
The first subparagraph of this paragraph is not applicable to contracts for the sale when the person exercising a liberal profession has refused to deliver the goods or delivery within the delivery time agreed is essential in light of all the circumstances surrounding the conclusion of the contract or when the consumer informs the person exercising a liberal profession before the conclusion of the contract, the delivery on a date specified or by a specified date is essential. In these cases, if the person exercising a liberal profession does not perform the delivery of the property at the time agreed with the consumer, or within the time limits provided for in paragraph 1, the consumer has the right to terminate the contract immediately.

§ 3. When the contract is terminated, the person exercising a liberal profession without undue delay, refund any money paid under the contract.
§ 4. This article shall apply without prejudice to the sanctions of common law.
S. XIV. 25. With regard to contracts that the person exercising a liberal profession ships the goods to the consumer, the risk of loss or damage goods is transferred to the consumer where the latter, or a third party designated by the consumer and other than the carrier, physically takes possession of such property. However, the risk is transferred to the consumer at the supply of the goods to the carrier once the latter has been responsible for the transport of goods by the consumer and that the choice was not proposed by the person exercising a liberal profession, without prejudice to the rights which the consumer has with respect to the carrier.
Chapter 2. Distance s. contracts XIV. 26. § 1, this chapter does not apply to contracts written by a notary or a bailiff in their capacity as officer public.
§ 2. This chapter applies to contracts relating to legal assistance by a lawyer in accordance with Book III bis of the Judicial Code.
S. XIV. 27. § 1. Before the consumer is bound by a contract to distance, 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 extent appropriate in support of communication used and the good or service concerned;
2 ° the identity of the person exercising a liberal profession, including its business number, its name;
3 ° the geographic address where the person engaged in a liberal profession is established as well as phone number, fax number and e-mail address, when they are available, to allow the consumer to contact quickly and effectively communicate with it and, where applicable, the geographical address and the identity of the person engaged in a liberal profession on behalf of which it acts;
4 ° if it differs from the address provided under point 3 °, the geographical address of the place of the person exercising a liberal profession, and if applicable, of the person exercising a liberal profession on behalf of which it acts, to which the consumer may address a possible claim.
5 ° the total price of the goods or services inclusive of all taxes or, where the price can not be reasonably calculated in advance because of the nature of the property or service, the price calculation mode and, if applicable, any additional charges or, where such additional costs cannot reasonably be calculated in advance, the reference may be payable. In the case of a permanent contract or a contract of a subscription, the total price includes the total costs per billing period.
When such contracts are charged at a flat rate, the total price also includes the total monthly costs. Where the total cost cannot reasonably be calculated in advance, the method of price calculation is communicated;
6 ° the cost of the use of the technique of Remoting for the conclusion of the contract, when this cost is calculated on a basis other than the basic rate;
7 ° the terms of payment, delivery and performance, the date on which the person engaged in a liberal profession undertakes to deliver the goods or perform the services and, if appropriate, laid down by the person exercising a profession for the processing of claims;
8 ° when the right of withdrawal exists, the conditions, the time and the procedures for the exercise of this right in accordance with article XIV. 31, paragraph 1, as well as the form template of withdrawal set out in annex 2 of this book;
9 ° where appropriate, the fact that the consumer has to bear the costs of return of the property in the event of withdrawal and if the property, because of its nature, cannot normally be returned by mail, the cost of removal of the property;
10 ° in the event that the consumer would exercise the right of withdrawal after having submitted a request in accordance with article XIV. 28, § 8, the information that the consumer is required to pay a reasonable fee 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 benefit not this right or, where appropriate, the circumstances in which the consumer loses his right of withdrawal;
12 ° a reminder of the existence of a legal guarantee of conformity for goods;
13 ° where appropriate, the existence of after-sales assistance to the consumer, service and commercial guarantees, as well as the conditions y;
14 ° where appropriate, the existence of codes of conduct for and how to get a copy;
15 ° the duration of the contract, if any, or, if it's a permanent contract or automatic renewal, termination of the contract conditions;
16 ° where appropriate, the minimum duration of the obligations of the consumer under the contract;
17 ° where appropriate, the existence of a bond or other financial guarantees payable or to be provided by the consumer at the request of the person exercising a liberal profession and the conditions y;
18 ° where appropriate, the capabilities of digital content, including technical protection measures applicable;
19 ° if applicable, any relevant interoperability of digital content with certain hardware or software which the person engaged in a liberal profession is or ought reasonably to be aware.
20 ° where appropriate, the possibility of an out-of-court procedure of claim and repair to which the person engaged in a liberal profession is subject and the terms of access to it.

§ 2. The information referred to in paragraph 1, 8 °, 9 °, 10 °, may be provided by using standardized on the withdrawal on the model referred to in annex 1 of this book. The person exercising a liberal profession met the disclosure requirements set out in the above paragraph 1, 8 °, 9 ° and 10 °, if she has provided such information to the consumer, properly completed.

§ 3. The information referred to in paragraph 1 are an integral part of the contract to distance and cannot be modified unless the contracting parties decide otherwise expressly.
§ 4. If the person exercising a liberal profession has failed to disclosure obligations relating to surcharges and other costs referred to in paragraph 1, 5 °, or to the costs of returning of the property referred to in paragraph 1, 9 °, the consumer does not support these costs.
§ 5. The burden of proof regarding compliance with the disclosure requirements set out in this section is the responsibility of the person exercising a liberal profession.
S. XIV. 28. § 1. The person exercising a liberal profession provides to the consumer the information provided for in article XIV. 27, § 1, or makes this information available in a form adapted to the means of communication used in a clear and understandable language remotely. Insofar as such information is provided in a durable medium, they must be legible.
§ 2. If a distance contract to be concluded by electronic means requires the consumer to pay, the person exercising a liberal profession shall inform the consumer in a clear and effective manner, and directly before the consumer passes its command, information provided for in article XIV. 27, § 1, 1 °, 5 °, 15 ° and 16 °.
The person exercising a liberal profession shall ensure that the consumer, when it passes its command, explicitly acknowledges that it implies an obligation to pay. If to place an order, please activate a button or a similar function, the button or door similar function only easily labelled "order with payment obligation" or something similar, unambiguous, indicating that pass the command required to pay the person exercising a liberal profession. If the person exercising a liberal profession fails to this paragraph, the consumer is not bound by the contract or by the command.

§ 3. E-commerce sites indicate clearly and legibly, no later than at the beginning of the ordering process, whether delivery restrictions apply and what payment methods are accepted.
§
4. If the contract is concluded according to a technique of communication distance which imposes restrictions of space or time for presentation information, the person exercising a liberal profession provides, on the technique in question before the conclusion of the contract, at least the pre-contractual information on 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 of contracts of indefinite duration, terms and conditions for terminating the contract, such as set out in article XIV. 27, § 1, 1 °, 2 °, 5 °, 8 ° and 15 °. The person exercising a liberal profession provides to the consumer other information referred to in article XIV. 27, § 1, in a form adapted in accordance with paragraph 1 of this article.
§ 5. Without prejudice to paragraph 4, where the person exercising a liberal profession contacted by telephone the consumer to conclude a distance contract, she declines, at the beginning of the conversation with the consumer, its identity and, where appropriate, the identity of the person on whose behalf it makes this telephone call and specify the nature of the call.
§
6. For sectors of professional activity or product categories, it determines, the King may provide that, where a contract is entered into by telephone, the person exercising a liberal profession must confirm the offer to the consumer and that it is bound by the offer only after signing it or the have accepted in writing. Where appropriate, such confirmation can take place on a durable medium.
§ 7. The person exercising a liberal profession provides to the consumer confirmation of the contract, on a durable medium and within a reasonable time after the conclusion of contract and, at the latest, at the time of delivery of the property or before the beginning of the execution of the service.
This confirmation includes: has) all the information referred to in article XIV. 27, § 1, except if the person exercising a liberal profession has already provided this information to the consumer on a durable medium before the conclusion of the contract at distance, and b) where applicable, confirmation of the express consent and the recognition by the consumer in accordance with article XIV. 35, 8 °.
§ 8. When a consumer wants that provision of a service begins during the withdrawal period provided for in article XIV. 29, § 2, the person exercising a liberal profession requires the consumer to it makes the express request.
S. XIV. 29. § 1.
Without prejudice to article XIV. 35, the consumer of a period of 14 days to withdraw from a distance contract, without having to justify its decision and without incurring other costs than those provided for in article XIV. 32, paragraph 2, and article XIV. 33 § 2. Without prejudice to article XIV. 30, the withdrawal period referred to in paragraph 1 shall expire after a period of 14 days: 1 ° in relation to the day of the conclusion of the contract service contracts;
2 ° with respect to contracts for the sale, the day where the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the property or: has) in the case of multiple goods ordered by the consumer in a single command and delivered separately from the day where the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the last;
(b) in the case of the delivery of a well composed of lots or multiple parts of the day where the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the last lot or last part;
(c) in the case of contracts relating to the regular supply of goods during a defined period of time, of the day where the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the first well.
3 ° in relation to contracts for the supply of water, gas and electricity when they are not packaged in a delimited volume or in specified quantities, as well as heating, from the day of conclusion of the contract.
S.
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, 8 °, the withdrawal period shall expire at the end of a period of twelve months from the end of the initial withdrawal period, determined in accordance with article XIV. 29, § 2.
The person exercising a liberal profession has communicated to the consumer the information referred to in paragraph 1 within a period of twelve months from the day referred to in article XIV. 29, § 2, the withdrawal period shall expire at the end of a period of 14 days from the day the consumer has received such information.
S.
XIV. 31. § 1. The consumer shall inform the person exercising a liberal profession, before the expiration of the withdrawal period, of its decision to withdraw from the contract. To do this, the consumer may be: 1 ° use the withdrawal form template contained in annex 2 of this paper, or 2 ° make another statement devoid of ambiguity explaining his decision to withdraw from the contract.
§ 2. The consumer has exercised his right of withdrawal within the withdrawal period referred to in article XIV. 29, paragraph 2, and article XIV. 30, if he addresses the communication regarding the exercise of the right of withdrawal before the expiry of this period.

§ 3. The person exercising a liberal profession can give to the consumer, in addition to the possibilities referred to in paragraph 1, the faculty to complete and transmit online, on the website of the person exercising a liberal profession, or the form template of withdrawal set out in annex 2 of this paper, is a statement devoid of ambiguity. In these cases, the person exercising a liberal profession shall immediately send to the consumer an acknowledgement of receipt of the withdrawal on a durable medium.
§ 4. The burden of proof regarding the exercise of the right of withdrawal pursuant to this section is the responsibility of the consumer.
S. XIV. 32. § 1. The person exercising a liberal profession shall reimburse all payments received on the part of the consumer, including, where appropriate, delivery charges, without undue delay and in any event within 14 days following the month where he is informed of the decision of the consumer to withdraw from the contract in accordance with article XIV. 31. the person exercising a liberal profession performs the reimbursement referred to in the first paragraph using the same means of payment than that used by the consumer for the initial transaction, without the express permission of the consumer for another medium of payment and provided that the refund does not charge to the consumer cause.

§ 2. Notwithstanding paragraph 1, the person exercising a liberal profession is not required to reimburse the additional costs if the consumer has expressly chosen a shipping method other than the less expensive standard shipping method proposed by the person exercising a liberal profession.
§ 3. Contracts of sale, unless it proposes to recover itself property, the person exercising a liberal profession may defer repayment until asset recovery, or until the consumer has provided proof of shipment of the goods, whichever is the first of these facts.
S. XIV. 33. § 1.
Unless the person exercising a liberal profession proposes to recover itself these goods, the consumer Returns or makes goods to the person exercising a liberal profession or a person authorized to receive the goods, without undue delay and, in any event, no later than 14 days after the communication of its decision to withdraw from the contract to the person exercising a profession in accordance with article XIV. 31. this deadline is met if the consumer returns the goods before the expiration of the period of 14 days.
The consumer only bear the costs direct caused by the return of goods, unless the person exercising a liberal profession agrees to take his dependants or if she failed to inform the consumer that it must support.
§ 2. The responsibility of the consumer is undertaken only in respect of the depreciation of the goods resulting from manipulation of property other than those necessary to establish the nature, characteristics and the proper functioning of these goods. The consumer is not responsible, in any case, the depreciation of property when the person exercising a liberal profession failed to inform him of his right of withdrawal in accordance with article XIV. 27, § 1, 8 °.
§ 3. When the consumer exercises his right of withdrawal after having submitted a request in accordance with article XIV. 28, § 8, it pays to the person exercising a profession in an amount that is proportional to what was provided until the moment where he informed the person exercising a profession for the exercise of the right of withdrawal from all of the benefits provided by the contract. The prorated amount payable by the consumer to the person exercising a liberal profession is calculated based on the total price agreed upon in the contract. If the

total price is unreasonable, the appropriate amount is calculated on the basis of the market value of which has been provided.
§ 4. The consumer is not liable for any costs: 1 ° for the provision of services in whole or in part, during the withdrawal period, when: a) the person engaged in a liberal profession has failed to provide the information referred to in article XIV.
27, § 1st, 8 ° or 10 °; or (b) where the consumer has not expressly requested execution begins during the period of withdrawal pursuant to article XIV. 28, § 8; or 2 ° for the provision, in whole or in part, of digital content that is not provided on a material, when: a) the consumer did not his consent Express so that execution can begin before the end of the period of 14 days referred to in article XIV. 29; or (b)) the consumer did not recognize lose his right of withdrawal by giving its consent; or (c) the person exercising a liberal profession has failed to provide a confirmation in accordance with article XIV. 28, § 7.
§ 5. Unless otherwise provided in article XIV. 32, § 2, and of the present article, the consumer is not liable because of the exercise of the right of withdrawal.
S. XIV. 34. § 1. The exercise of the right of withdrawal has the effect of extinguishing the obligation of the parties: 1 ° to run the distance contract, or 2 ° of the contract at a distance, in cases where the consumer has made an offer.
§
2. Without prejudice to article 24, paragraph 1 and 2 of the Act of 12 June 1991 relating to the consumer credit, the exercise by the consumer of his right of withdrawal from a contract remotely in accordance with articles XIV. 29-XIV. 34, § 1, has the effect of automatically put an end to any ancillary contract, without charge to the consumer, with the exception of those referred to in article XIV. 32, paragraph 2, and article XIV. 33 s. XIV. 35. The consumer cannot exercise the right of withdrawal provided for in article XIV. 29 to: 1 ° the contracts of service after the service has been fully executed if execution has started with the prior consent of the consumer, which also acknowledged that he will lose his right of withdrawal once the contract will be fully executed by the person exercising a liberal profession;
2 ° the provision of goods or services whose price depends on fluctuations in the financial market outside the control of the person exercising a liberal profession that may occur during the withdrawal period;
3 ° the supply of goods made according to the consumer's specifications or clearly personalized;
4 ° the provision of goods liable to deteriorate or expire rapidly;
5 ° goods sealed cannot be returned for reasons of protection of health or hygiene and were unsealed by the consumer after delivery;
6 ° the supply of goods which, after having been delivered, and by their nature, are mixed inseparably with other items;
7 ° contracts where the consumer specifically asked the person exercising a liberal profession to visit to perform urgent maintenance or repair work. If, on the occasion of this visit, the person exercising a liberal profession provides services from Add to those specifically required by the consumer or other property that the spare parts essential to the maintenance and repair work, the right of withdrawal apply to these services or additional property;
8 ° the provision of digital content not supplied on a physical medium, if execution has started with the prior consent of the consumer, which also acknowledged that he will thus lose his right of withdrawal.
S. XIV. 36. It is the responsibility of the person exercising a liberal profession to provide evidence that it met the obligations on the consumer, the timeliness of the information, consent from the consumer to the conclusion of the contract and, where appropriate, its performance during the withdrawal period.
S. XIV. 37. The terms and conditions, or combinations of clauses and conditions which have as their object to the consumer the proof of compliance with all or part of the obligations, in this chapter, to the person exercising a liberal profession are prohibited and void.
Any clause whereby the consumer waives the benefit of rights conferred by this section is deemed unwritten.

Any clause stating the law of a third State to the European Union applicable to the contract is prohibited and void with respect to the matters governed by this section when, in the absence of this clause, the law of a Member State of the European Union would apply and that this Act would provide protection higher than the consumer in such material.
Chapter 3. Contracts outside the usual place of exercise of the profession s. XIV. 38 § 1.
This chapter does not apply to contracts written by a notary or a bailiff in their capacity as officer public.
§ 2. This chapter applies to contracts relating to the granting of the legal aid provided by a solicitor in accordance with Book III bis of the Judicial Code.
S. XIV. 39. § 1. Before the consumer is bound by a contract outside the usual place of exercise of the profession, the person exercising a liberal profession provided, in a clear and understandable form the following information: 1 ° the main characteristics of the good or service, to the extent appropriate in support of communication used and the good or service concerned;
2 ° the identity of the person exercising a liberal profession including its business number, its name;
3 ° the geographic address where the person engaged in a liberal profession is established as well as phone number, fax number and e-mail address, when they are available, to allow the consumer to contact quickly and effectively communicate with it and, where applicable, the geographical address and the identity of the person engaged in a liberal profession on behalf of which it acts;
4 ° if it differs from the address provided under point 3 °, the geographical address of the place of the person exercising a liberal profession and, where applicable, the person exercising a liberal profession on behalf of which it acts, to which the consumer may address a possible claim.
5 ° the total price of the goods or services inclusive of all taxes or, where the price can not be reasonably calculated in advance because of the nature of the property or service, the price calculation mode and, if applicable, any additional charges or, where such additional costs cannot reasonably be calculated in advance, the reference may be payable. In the case of a permanent contract or a contract of a subscription, the total price includes the total costs per billing period. When such contracts are charged at a flat rate, the total price also includes the total monthly costs. Where the total cost cannot reasonably be calculated in advance, the method of price calculation is communicated;
6 ° the payment terms, delivery and execution, the date on which the person engaged in a liberal profession undertakes to deliver the goods or perform the services and, if appropriate, laid down by the person exercising a profession for the processing of claims;
7 ° where the right of withdrawal exists, the conditions, the time and the procedures for the exercise of this right in accordance with article XIV. 43, paragraph 1, as well as the form template of withdrawal set out in annex 2 of this book;
8 ° where appropriate, the fact that the consumer has to bear the costs of return of the property in the event of withdrawal;
9 ° in the event that the consumer would exercise the right of withdrawal after having submitted a request in accordance with article XIV. 40, § 2, paragraph 2, the information that the consumer is required to pay a reasonable fee 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 benefit not this right or, where appropriate, the circumstances in which the consumer loses his right of withdrawal;
11 ° a reminder of the existence of a legal guarantee of conformity for goods;
12 ° where appropriate, the existence of after-sales assistance to the consumer, service and commercial guarantees, as well as the conditions y;
13 ° where appropriate, the existence of applicable codes of ethical conduct and how to get a copy;
14 ° where appropriate, the duration of the contract or, if it's a permanent contract or automatic renewal, termination of the contract conditions;
15 ° where appropriate, the minimum duration of the obligations of the consumer under the contract;
16 ° where appropriate, the existence of a bond or other financial guarantees payable or to be provided by the consumer at the request of the person exercising a liberal profession and the conditions y;
17 ° where appropriate, the capabilities of digital content, including technical protection measures applicable;
18 ° where appropriate, any relevant interoperability of digital content

some hardware or software which the person engaged in a liberal profession or should reasonably have knowledge;
19 ° where appropriate, the possibility of an out-of-court procedure of claim and repair to which the person engaged in a liberal profession is subject and the terms of access to it.
§ 2. The information referred to in paragraph 1, points 7 °, 8 °, 9 °, may be provided by using standardized on the withdrawal on the model in annex 1 to this paper. The person exercising a liberal profession met the disclosure requirements set out in paragraph 1, 7 °, 8 ° and 9 °, if she has provided such information to the consumer, properly completed.
§
3. The information referred to in paragraph 1 are part of the contract out of the habitual exercise of the profession and may not be amended, unless the contracting parties decide otherwise expressly.
§ 4. If the person exercising a liberal profession has failed to disclosure obligations relating to surcharges and other costs referred to in paragraph 1, 5 °, or to the costs of returning of the property referred to in paragraph 1, 8 °, the consumer does not support these costs.
§ 5. The burden of proof regarding compliance with the disclosure requirements set out in this section is the responsibility of the person exercising a liberal profession.
S. XIV. 40. § 1.
The person exercising a liberal profession provides the information provided for in article XIV. 39, § 1, to the consumer on paper or, subject to agreement of the consumer, on another durable medium. This information is legible and written in a clear and understandable language.

§ 2. The person exercising a liberal profession provides to the consumer a copy of the signed contract or confirmation of the contract on paper or, subject to agreement of the consumer, on another durable medium, including, where applicable, confirmation of the express consent and the recognition by the consumer in accordance with article XIV. 47, 8 °.
When a consumer wants that provision of a service begins during the withdrawal period provided for in article XIV. 41, § 2, the person exercising a liberal profession requires the consumer to it makes the express request on a durable medium.
S. XIV. 41. § 1. Without prejudice to article XIV. 47, the consumer of a period of 14 days to withdraw a contract outside the usual place of exercise of the profession, without having to justify its decision and without incurring other costs than those provided for in article XIV. 44, § 1, paragraph 2, and article XIV. 45 § 2. Without prejudice to article XIV. 42, the withdrawal period referred to in paragraph 1, shall expire after a period of 14 days: 1 ° in relation to the day of the conclusion of the contract service contracts;
2 ° with respect to contracts for the sale, the day where the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the property or: has) in the case of multiple goods ordered by the consumer in a single command and delivered separately from the day where the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the last;
(b) in the case of the delivery of a well composed of lots or multiple parts of the day where the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the last lot or last part;
(c) in the case of contracts relating to the regular supply of goods during a defined period of time, of the day where the consumer or a third party other than the carrier and designated by the consumer physically takes possession of the first well.
A deposit or payment cannot, for any reason, in any form whatsoever, be required or accepted before consumer flow of a period of seven working days, from the date of the day following the day of signature of the contract. This paragraph does not apply to contracts outside institutions concluded in the salons, fairs and exhibitions.
S. 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, 7 °, the withdrawal period shall expire at the end of a period of twelve months from the end of the initial withdrawal period, determined in accordance with article XIV. 41, § 2.
The person exercising a liberal profession has communicated to the consumer the information referred to in paragraph 1 within a period of twelve months from the day referred to in article XIV. 41, § 2, the withdrawal period shall expire at the end of a period of fourteen days from the day the consumer has received such information.

S. XIV. 43. § 1. The consumer shall inform the person exercising a liberal profession, before the expiration of the withdrawal period, of its decision to withdraw from the contract.
To do this, the consumer may be: 1 ° use the withdrawal form template contained in annex 2 of this paper, or 2 ° make another statement devoid of ambiguity explaining his decision to withdraw from the contract.
§ 2. The consumer has exercised his right of withdrawal within the withdrawal period referred to in article XIV. 41, paragraph 2, and article XIV.
42, if he addresses the communication regarding the exercise of the right of withdrawal before the expiry of this period.
§ 3. The person exercising a liberal profession can give to the consumer, in addition to the possibilities referred to in paragraph 1, the faculty to complete and transmit online, on the website of the person exercising a liberal profession, or the form template of withdrawal set out in annex 2 of this paper, is a statement devoid of ambiguity.
In these cases, the person exercising a liberal profession shall immediately send to the consumer an acknowledgement of receipt of the withdrawal on a durable medium.
§ 4. The burden of proof regarding the exercise of the right of withdrawal pursuant to this section is the responsibility of the consumer.

S. (XIV) 44. § 1. The person exercising a liberal profession shall reimburse all payments received on the part of the consumer, including, where appropriate, delivery charges, without undue delay and in any event within 14 days following the month where he is informed of the decision of the consumer to withdraw from the contract in accordance with article XIV. 43. the person exercising a liberal profession performs the reimbursement referred to in the first paragraph using the same means of payment than that used by the consumer for the initial transaction, without the express permission of the consumer for another medium of payment and provided that the refund does not charge to the consumer cause.
§ 2. Notwithstanding paragraph 1, the person exercising a liberal profession is not required to reimburse the additional costs if the consumer has expressly chosen a shipping method other than the less expensive standard shipping method proposed by the person exercising a liberal profession.
§ 3. Contracts of sale, unless it proposes to recover itself property, the person exercising a liberal profession may defer repayment until asset recovery, or until the consumer has provided proof of shipment of the goods, whichever is the first of these facts.
S. XIV. 45. § 1. Unless the person exercising a liberal profession proposes to recover itself these goods, the consumer Returns or makes goods to the person exercising a liberal profession or a person authorized to receive the goods, without undue delay and, in any event, no later than 14 days following the communication of its decision to withdraw from the contract to the person exercising a profession in accordance with article XIV. 43. this deadline is met if the consumer returns the goods before the expiration of the period of fourteen days.
The consumer only bear the costs direct caused by the return of goods, unless the person exercising a liberal profession agrees to take his dependants or if she failed to inform the consumer that it must support.
When the goods have been delivered to the domicile of the consumer at the time of the conclusion of the contract, the person exercising a liberal profession retrieves property at its expense if they may not normally be returned by mail because of their nature.
§ 2. The responsibility of the consumer is undertaken only in respect of the depreciation of the goods resulting from manipulation of property other than those necessary to establish the nature, characteristics and the proper functioning of these goods. The consumer is not responsible, in any case, the depreciation of property when the person exercising a liberal profession failed to inform him of his right of withdrawal in accordance with article XIV.
39, § 1, 7 °.
§ 3. When the consumer exercises his right of withdrawal after having submitted a request in accordance with article XIV. 40, § 2, paragraph 2, it pays to the person exercising a profession in an amount that is proportional to what was provided until the moment where he informed the person exercising a profession for the exercise of the right of withdrawal from all of the benefits provided by the contract.
The amount proportional to be paid by the consumer to the person exercising a liberal profession is

calculated on the basis of the total price agreed upon in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of which has been provided.
§ 4.
The consumer is not liable for any costs: 1 ° for the provision of services, in whole or in part, during the withdrawal period, when: a) the person engaged in a liberal profession has failed to provide the information referred to in article XIV. 39, § 1, 7 ° and 9 ° or b) when the consumer has not expressly requested execution begins during the period of withdrawal pursuant to article XIV. 40, § 2, paragraph 2, or 2 ° for the provision, in whole or in part, of digital content that is not provided on a material, when: a) the consumer did not his consent Express so that execution can begin before the end of the period of 14 days referred to in article XIV. 41; or (b)) the consumer did not recognize lose his right of withdrawal by giving its consent; or c) the person engaged in a liberal profession has not met the obligations referred to in article XIV. 40, § 2.

§ 5. Unless otherwise provided in article XIV. 44, § 2, and of the present article, the consumer is not liable because of the exercise of the right of withdrawal.
S. XIV. 46.
§ 1. The exercise of the right of withdrawal has the effect of extinguishing the obligation of the parties: 1 ° to perform the contract outside the usual place of exercise of the profession, or 2 ° of the contract outside the usual place of exercise of the profession, in cases where the consumer has made an offer.
§ 2. Without prejudice to article 24, paragraph 1 and 2 of the Act of 12 June 1991 relating to the consumer credit, the exercise by the consumer of his right of withdrawal from a contract outside the usual place of exercise of the profession, in accordance with articles XIV. 41-XIV. 45, has the effect of automatically put an end to any ancillary contract, without charge to the consumer, with the exception of those referred to in article XIV. 44, § 2 and article XIV. 45 s. XIV. 47. The consumer cannot exercise the right of withdrawal provided for in article XIV. 41 for: 1 ° the contracts of service after the service has been fully executed if execution has started with the prior consent of the consumer, which also acknowledged that he will lose his right of withdrawal once the contract will be fully executed by the person exercising a liberal profession;
2 ° the provision of goods or services whose price depends on fluctuations in the financial market outside the control of the person exercising a liberal profession that may occur during the withdrawal period;
3 ° the supply of goods made according to the consumer's specifications or clearly personalized;
4 ° the provision of goods liable to deteriorate or expire rapidly;
5 ° goods sealed cannot be returned for reasons of protection of health or hygiene and were unsealed by the consumer after delivery;
6 ° the supply of goods which, after having been delivered, and by their nature, are mixed inseparably with other items;
7 ° contracts where the consumer specifically asked the person exercising a liberal profession to visit to perform urgent maintenance or repair work. If, on the occasion of this visit, the person exercising a liberal profession provides services from Add to those specifically required by the consumer or other property that the spare parts essential to the maintenance and repair work, the right of withdrawal apply to these services or additional property;
8 ° the provision of digital content not supplied on a physical medium, if execution has started with the prior consent of the consumer, which also acknowledged that he will thus lose his right of withdrawal;
9 ° the contracts relating to the construction of new buildings and the major transformation of existing buildings.
Chapter 4. Of the joint offer art. XIV. 48. Offer joint to the consumer is allowed for as much as it does not constitute an unfair work practice within the meaning of article XIV. 60 et seq..
Chapter 5. Unfair terms art. XIV. 49. The unfairness of a contractual term is valued taking into account the nature of the products which are the subject of the contract and 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 of another contract which it depends.
For the assessment of the abusive nature, it also takes account of the requirement of clarity and understanding referred to in article XIV. 18, § 1.
The assessment of the abusive nature of clauses door nor on the definition of the object main contract, or on the adequacy between the price and the remuneration of one hand, and the goods or services to be provided in return, on the other hand, insofar as these clauses are written in clear and understandable terms.
S. XIV. 50. In contracts between a person engaged in a liberal profession and a consumer, are in any abusive cases, clauses and conditions or combinations of clauses and conditions which have as their object of: 1 ° provide an irrevocable consumer commitment, while the performance of the services of the person exercising a liberal profession is subject to a condition which depends on his own will;
2 ° determine, in contracts to indefinite duration, that the price of the products is fixed at the time of delivery or allow the person exercising a liberal profession to unilaterally increase the price or to modify the conditions at the expense of the consumer on the basis of items that depend on willingness alone, unless the consumer has the right, in all these cases before the new prices or new conditions apply, to terminate the contract without costs or damages and allow a reasonable time for this purpose.
Are however allowed and valid escalation of prices for provided that they are not illegal and that the price adjustment mode is explicitly described in the contract;
3 ° determining, under fixed-term contracts, the price products is fixed at the time of delivery or allow the person exercising a liberal profession to unilaterally increase the price or to modify the conditions at the expense of the consumer on the basis of items that depend on willingness alone, even if the ability to terminate the contract is then available to the consumer.
The exceptions to the 2 °, paragraph 2, also apply in the case referred to in paragraph 1;
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 for the consumer or for the use for which the consumer intended product, provided at least that this use has been communicated to the person exercising a liberal profession accepted by it or that, absent such specification This use was reasonably foreseeable;
5 ° set or unilaterally change the period of delivery of a product.
6 ° grant the right to unilaterally determine whether the delivered product conforms to the contract to the person exercising a liberal profession, or confer the exclusive right to interpret one any clause of the contract;
7th prohibit the consumer to request resolution of the contract where the person exercising a liberal profession does not perform its obligations;

8 ° restrict the right of the consumer to terminate the contract when, in the context of its contractual warranty obligation, the person exercising a liberal profession fails or fails within a reasonable time its obligation to repair or replace the property;
9 ° requiring the consumer to perform its obligations, while the person exercising a liberal profession would not run its own or would be in default to perform
10 ° without prejudice to article 1184 of the civil Code, authorize the person engaged in a liberal profession to unilaterally terminate the contract term, without compensation to the consumer, with the exception 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 without a period of reasonable notice, except the cases of force majeure;
12 ° in case of major force, allow the consumer to terminate the contract on payment of damages;
13 ° release the person exercising a liberal profession of its responsibility by virtue of its fraud of its negligence or that of its servants or agents, or, except in the case of force majeure, due to any breach of an obligation consisting of one of the main benefits of the contract;
14 ° remove or decrease the warranty for hidden defects, provided for in articles 1641 to 1649 of the civil Code, or the legal duty for issuance of a well in line with the contract, provided by articles 1649bis to 1649octies of the civil Code;
15 ° set an unreasonably short time to notify the person exercising a liberal profession of defects in the delivered product;
16 ° prohibit the consumer to compensate his debt to the person exercising a liberal profession by a debt it would have on it;
17 ° determining the amount of compensation payable by the

consumers who fail to perform its obligations, without providing compensation in the amount of the same order dependant of the person exercising a liberal profession who does not perform his;
18 ° engage the consumer for an indefinite period, without specification of a reasonable period of notice;
19 ° extend the contract term of successive delivery of goods for an unreasonable period if the consumer cancels not on time;
20 ° automatically extend a contract term in the absence of a contrary of consumer notification, while an excessively remote the contract end date was set as the deadline to express this desire of non-extension of the part of the consumer;
21 ° limit unauthorized way the means of proof that the consumer can use or impose a burden of proof which is normally the responsibility of another party to the contract;
22 ° do waive the consumer, in the event of conflict, any recourse against the person exercising a liberal profession;
23 ° appoint one judge other than the one designated by article 624, 1 °, 2 ° and 4 °, of the Judicial Code, without prejudice to the application of Regulation (EC) No 44/2001 of the Council of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
24 ° set amounts of damage and interest claimed in the event of non-performance or delay in the performance of the obligations of the consumer which clearly exceed the extent of the harm likely to be suffered by the person exercising a liberal profession;
25 ° exclude or limit the liability of the person exercising a profession in the event of death of the consumer or injury caused to it and resulting from an act or omission of that person exercising a liberal profession;
26 ° see irrevocably the accession of the consumer to terms with which he has not had, indeed, the opportunity of becoming acquainted before the conclusion of the contract;
27 ° allowing the person exercising a liberal profession to retain sums paid by the consumer if he waives the right to conclude or perform the contract, without providing for the right of the consumer to receive compensation of an equivalent amount on the part of the person exercising a liberal profession when it is the latter who renounces;
28 ° allowing the person exercising a liberal profession to retain sums paid by the consumer where the person exercising a liberal profession itself which terminates the contract;
29 ° limit the obligation of the person exercising a liberal profession to respect the commitments made by its agents, to submit its commitments to compliance with a particular formality;
30 ° exclude or limit inappropriately the legal rights of the consumer towards the person exercising a liberal profession or another party in the event of non-performance or partial or defective performance by the person exercising a profession of a any of its contractual obligations;
31 ° provide the possibility of assignment of the contract on the part of the person exercising a liberal profession, when this assignment is likely to lead to a reduction in the guarantees for the consumer, without the consent of the latter;
32 ° increase the advertised price of a product due to the refusal of the consumer to pay by direct debit;
33 ° increase the price announced for a product due to the refusal of the consumer to receive invoices by e-mail.
S. XIV. 51. § 1.
Any abusive clause is prohibited and void.
The contract remains binding on the parties if it can exist without the unfair terms.
The consumer may not waive the benefit of the rights conferred by this section.
§ 2. A clause declaring the law of a third State to the European Union applicable to the contract is deemed not written with respect to the matters governed by this section when in the absence of this clause, the law of a Member State of the European Union would apply and that this Act would provide protection higher than the consumer in such material.
S. XIV. 52. To ensure the balance of rights and obligations between the parties in the sales of products to consumers or to ensure the fairness of commercial transactions, the King may, by deliberate order in Council of Ministers, for professional business sectors or categories of products that it determines, prescribing or prohibiting the use of certain clauses in the contracts between a person engaged in a liberal profession and a consumer.
It may also require the use of standard contracts.
Before propose an order pursuant to paragraph 1, the Minister shall consult the Commission on unfair terms and the Higher Council for the self-employed and SMEs and fixed the reasonable time within which notice must be given.
After this period, the notice is no longer required.
S. XIV. 53. § 1. The unfair terms Commission knows 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, by consumer organizations and professional and Interprofessional groups concerned.
It can also take up Office.
S.
(XIV) 54. § 1. The Committee recommends: 1 ° the deletion or modification of the terms and conditions which believe them create a manifest imbalance between the rights and obligations of the parties, at the expense of the consumer.
2 ° the insertion of references, terms and conditions which considers it necessary for the information of the consumer or whose absence seemed to create a manifest imbalance between the rights and obligations of the parties, at the expense of the consumer;
3 ° a drafting and presentation of the clauses and conditions which might allow the consumer to understand the meaning and scope.
Professional and Interprofessional groups or consumer organizations may request the opinion of the Committee on projects of clauses or conditions used in offers for sale and sale of products between persons exercising a liberal profession and consumers.
§ 2. Within its competence, the Commission proposes to the Minister the legislative or regulatory changes that deems it desirable.
§ 3. The Commission shall establish and publish every year a report of its activities. It includes the full text of the recommendations and proposals made during the year.
Chapter 7. Purchase order art. XIV. 55.
During the sale, any person exercising a liberal profession is held to issue a purchase order when the delivery of the good or provision of the service is delayed, in whole or in part, and that a deposit is paid by the consumer.
The particulars contained in the purchase order require that has established it, notwithstanding any general or particular conditions other or contrary.
The King may determine the particulars which must appear on the order form.
Chapter 8. Supporting documents art.
XIV. 56. § 1. Any person exercising a liberal profession that provides services to the consumer is obliged to issue free of charge to consumers who request a voucher. This obligation is thrown when the price of the service has been communicated in accordance with article XIV. 4, § 2, or when is issued an estimate or an invoice comprising the particulars referred to in § 2.
Not falling within the scope of this article, contracts concluded under the denomination "package" or any other equivalent designation, aimed at the provision of a service for a fixed overall fee previously agreed delivery and covering the whole of this service.
§ 2. The King:-determines, either generally, or to the services or categories of services which it designates, the particulars which must appear on the voucher.
-can provide the services or categories of services which it designates from the application of this section;
-may designate goods or categories of goods to which this section applies;
-may, by way of derogation to the § 1 services or classes of services it determines, impose on the person exercising a liberal profession of allocated free of charge to the consumer a voucher which it determines the terms and conditions.
§ 3. The orders made under § 2, fourth indent, are submitted by the Minister to the opinion of the Consumer Council and the opinion of the Board of Governors for the self-employed and SMEs The Minister sets the reasonable period of time in which the opinion must be delivered.
If issued within the prescribed period, the notice is no longer required.
S. XIV. 57. The consumer is required to pay the services provided to the requested voucher discount when this discount is imposed by article XIV. 56 Chapter 9. Renewal of the contract of service s.
XIV. 58. § 1. When a service contract concluded term between a person engaged in a liberal profession and a consumer includes a tacit renewal clause, this clause is in characters fatty and in a separate setting of the text, on the front of the first page.
This clause refers to the consequences of the tacit renewal, and including the provision of paragraph 2, as well as the date on which the consumer may oppose the renewal

tacit contract and the terms under which it notifies this opposition.
§ 2.
Without prejudice to the law of 25 June 1992 on terrestrial insurance contract, the consumer can, after the tacit renewal of a fixed-term service contract, terminate the contract at any time, without compensation, at the end of a period of advance notice determined in the contract, although this time may be more than two months.
§ 3. Provided that no law of specific rules on the tacit renewal of service contracts, fixed the King may, for services or classes of services it determines, by Decree deliberated in the Council of Ministers: 1. conditions specific to the tacit renewal of a contract;
2 provide the obligations referred to in §§ 1 and 2.
§ 4. The scope of this chapter can be extended by the King, by Decree deliberated in the Council of Ministers, for certain categories of goods that it designates.
Title 4. Prohibited practices Chapter 1.
Unfair professional practices with regard to consumers Section 1st.
Scope art. XIV. 59. This section applies to unfair professional practices of persons exercising a liberal profession to consumers before, during and after the offer for sale and sale of products.
Section 2. Unfair professional practices art.
XIV. 60 professional practice is unfair when it: a) is contrary to the requirements of professional diligence and b) impairs or is likely to alter substantially the economic behaviour of the average consumer whom it reaches or to whom it is addressed, or if it is addressed to a group of consumers determined the economic behaviour of the average member of that group, compared to the product concerned.
A professional practice that is likely to alter substantially the economic behaviour of a single clearly identifiable group of consumers, because they are particularly vulnerable to used practice or the product as it concerns due to a mental infirmity or physical, their age or their credulity, while one might reasonably expect from persons exercising a liberal profession that it provides this consequence is evaluated from the perspective of the average member of this group. This provision is without prejudice to the current advertising practice and legitimate to make exaggerated statements or statements which are not intended to be understood in the literal sense.
S. XIV. 61.
Are unfair, the professional practices of persons exercising a liberal profession with regard to consumers who: 1 ° are misleading within the meaning of article XIV. 64 XIV. 67, or 2 ° are aggressive within the meaning of article XIV. 68-XIV. 70 s. XIV. 62. Unfair business practices of persons exercising a liberal profession with regard to consumers is prohibited.

S. XIV. 63. Is also prohibited, any act or omission contrary to the laws protecting the interests of consumers - namely the regulations mentioned in the annex of Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for ensuring the application of legislation on the protection of consumers or the guidelines also set out in annex above as they have been transposed - which infringes or is likely to infringe the collective interests of consumers domiciled in another Member State EU as that where the Act or omission in question originated or took place, in the territory of which the person exercising a liberal profession or the accountable supplier is established or where to find evidence or assets in relation to the Act or omission.
Section 3. Deceptive business practices art.
XIV. 64. Professional practice is deemed misleading if it contains false information and is therefore untruthful or in a manner, including an overview, it induces or is likely to deceive the average consumer with regard to one or more of the following, even if the information is factually correct, and that, in one case as in the other , it leads him or is likely to cause him to take a transactional decision that he would not have taken otherwise: 1 ° the existence or nature of the product;
2 ° the main characteristics of product, such as its availability, its benefits, the risks it presents, execution, composition, accessories, after sales service and claims processing, mode and the date of manufacture or provision, delivery, fitness for use, usage, quantity, its specification, geographical or commercial origin or the results that may be expected from its use , or the results and the essential features of tests or checks carried out on it.
3 ° the scope of the commitments of the person exercising a liberal profession, the motivation of professional practice and the nature of the sales process, as well as any statement or any symbol into believing that the person exercising a liberal profession or the product has a sponsorship or support direct or indirect;
4 ° the price or the method of calculation of the price, or the existence of a specific price advantage;
5 ° the need for a service, spare part, replacement or repair;
6 ° the nature, qualities and human rights exercising a liberal profession or him, such as his identity and his heritage, his qualifications, status, approval, affiliation or ties and his rights of industrial, commercial or intellectual property or his awards and distinctions;
7 ° the rights of the consumer, in particular the right of replacement or refund under the provisions of the Act of 1 September 2004 on the protection of consumers in the event of sale of consumer goods, or the risks he may incur.
S. XIV. 65. Is also deemed misleading, a practice which, in its factual context, taking into account of all its features and circumstances, causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise, when it involves: 1 ° any activity of marketing a product, including comparative advertising, which creates confusion with another product brand, trade name or other distinguishing marks of a competitor;
2 ° the failure by the person exercising a liberal profession of commitments contained in a code of conduct through which it has 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 as part of a professional practice indicates that it is bound by the code.
S. XIV. 66. § 1. Professional practice is regarded as a misleading omission if, in its factual context, taking into account of all its features and circumstances as well as the limitations by means of communication used, it omits substantial that the average consumer needs information, taking into account the context, to take an informed transactional decision and, therefore, brings him or is likely to cause him to take a transactional decision that he would not have taken otherwise.
§
2. Is also regarded as a misleading omission, a practice whereby a person engaged in a liberal profession conceals a substantial information referred to the § 1, gives it so unclear, unintelligible, ambiguous or setbacks, or indicates no commercial intention therefore that it is not apparent already from the context, and when, in one or the other case, the average consumer is led or is likely to be required to take a transactional decision that he would not have taken otherwise.
§ 3. When the means of communication used for the purposes of professional practice imposes limitations of space or time, should be to determine if information has been omitted to take account of these limitations and any measures taken by the person exercising a liberal profession to make the information available to the consumer by other means.
§ 4. When an invitation to purchase, are regarded as substantial, as they do not appear already in the context, the following information: 1 ° the main characteristics of the product, to the extent appropriate in the light of the means of communication used and the product concerned.
2 ° the geographical address and the identity of the person engaged in a liberal profession, and, where applicable, the geographical address and the identity of the person exercising a liberal profession on behalf of which it acts;
3 ° the price all inclusive of taxes, or, when the nature of product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, any additional costs or, where such costs cannot reasonably be calculated in advance, the reference that these costs can be borne by the consumer;
4 ° the terms of payment, delivery, execution and processing of claims, if they differ from the requirements of professional diligence;
5 °

where appropriate, the existence of a right of withdrawal or cancellation.
§ 5. Are also deemed substantial, information relating to commercial communications, including advertising and marketing, and laid down by Community law, in particular articles of the directives listed in annex II to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 on unfair commercial practices of the business-to-consumer in the internal 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 of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council.
S.
XIV. 67. Are unfair business practices, in all circumstances, misleading practices which are designed to: 1 ° claim to be signatory to a code of conduct while this is not the case.
2 ° display a certificate, a quality mark or equivalent without having obtained the necessary authorization;
3 ° affirming that a code of conduct has received the approval of a public body or other while this is not the case;
4 ° assert that a person engaged in a liberal profession, including its professional practices, or that a product has been approved, endorsed or authorized by a public body or private while this is not the case or without complying with the conditions of approval, approval or permission received;
5 ° propose the purchase of products at a price specified without revealing the reasons plausible that could have the person exercising a profession to think it can provide itself, or be provided by another person engaged in a liberal profession, the products in question or equivalent products at the indicated price, for a period and in quantities that are reasonable given the product the extent of the advertising made for the product and the price offered;
6 ° propose the purchase of products at a specified price, and then, with the aim of promoting a different product: has) or refuse to submit to the consumer the product proposed.
(b) or refusing to take orders for this product or deliver within a reasonable time;
(c) either submit a defective sample;

7 ° falsely stating that the product will be available for a very limited time, or that it will be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive the consumer an opportunity or time to make an informed choice;
8 ° undertake to provide after-sales service to consumers with whom the person exercising a liberal profession provided before the transaction, in a language which is not one of the national languages and, then, to provide this service only in another language without clearly informing the consumer until it engages in the transaction;
9 ° declare or give the impression that the sale of a product is lawful when it is not;
10 ° introduce the rights conferred on consumers by laws or regulations as provisions constituting a distinctive feature of the proposal made by the person exercising a liberal profession;
11 ° using editorial content in the media to promote a product, while the person exercising a liberal profession has paid itself, without making that clear in the content or by images or sounds clearly identifiable by the consumer;
12 ° making factually inaccurate statements with regard to the nature and extent of the risks facing the consumer in terms of his personal or his family safety if it does not buy the product;
13 ° to promote a product similar to that of an individual manufacturer to deliberately induce the consumer to think that the product comes from this same manufacturer, while such is not the case;
14 ° create, operate or promote a pyramid system where the consumer pays a contribution in Exchange for the opportunity to collect a counterparty instead from the entry of new consumers in the system than from the sale or consumption of products;
15 ° declare that the person exercising a liberal profession is about to cease his activities or establish them elsewhere, while such is not the case;
16 ° affirming a product that it increases the chances of winning in games of chance;
17 ° falsely claiming that a product is likely to cure diseases, dysfunction or malformations.
18 ° communicate factually inaccurate information on market conditions or on the possibility of finding the product with the aim of encouraging the consumer to acquire the product at conditions less favourable than normal market conditions;
19 ° affirm, in the context of professional practice, that a competition is organized or that a price can be won without assigning prices described or a reasonable equivalent;
20 ° describing a product as "free", "gratis", "free of charge" or other similar terms if the consumer has to pay anything other than the unavoidable costs associated with the response to the offer and taking possession or delivery of the product;
21 ° inclusion in promotional material an invoice or similar document seeking payment which gives the consumer the impression that he has already ordered the promoted product, while this is not the case;
22 ° falsely claiming or creating the impression that the person exercising a liberal profession is not acting for purposes falling within the scope of his professional activity, or present themselves falsely as a consumer;
23 ° falsely create the impression that after-sales service in relation to a product is available in a Member State of the European Union other than that in which it is sold.
Section 4. Aggressive business practices art. XIV. 68. Professional practice is considered aggressive if, in its factual context, taking account of all its features and circumstances, it alters or is likely to alter significantly, because of the harassment, coercion, including the use of physical force, or undue influence, the freedom of choice or conduct of the average consumer in respect of product and Therefore, led or is likely to cause him to take a transactional decision that he would not have taken otherwise.
S. XIV. 69. To determine if a professional practice uses harassment, coercion, including physical force, or undue influence account shall be taken of the following: 1 ° the time, place, nature and persistence of professional practice;
2 ° the use of verbal or physical threat;
3 ° the operation informed by the person exercising a liberal profession of any misfortune or special circumstance of gravity to alter the judgement of the consumer, in order to influence the decision of the consumer about the product;
4 ° any contract, paying or disproportionate obstacles imposed by the person exercising a liberal profession when the consumer wants to enforce its contractual rights, and particularly to terminate the contract or to change product or person exercising a liberal profession;
5 ° any threat of action so that this action is not legally possible.
S.
XIV. 70. Are in all circumstances unfair professional practices, aggressive business practices which are designed to: 1 ° give the consumer the impression that he cannot leave the premises until a contract has been concluded;
2 ° carry out personal visits to the home of the consumer, by ignoring his request to see the person exercising a liberal profession to leave or not to return, without prejudice to legal or regulatory provisions authorizing it to ensure the execution of a contractual obligation;
3 ° to carry out stress repeated and unwanted by phone, fax, mail electronic or communication at a distance, without prejudice to any other tool: has) of legal or regulatory provisions authorizing it to ensure the execution of a contractual obligation;
(b) of article XIV. 77; and (c) of article XII. 13;
4 ° requiring a consumer who wishes to claim compensation in respect of an insurance policy to produce documents which could not reasonably be considered relevant as to establish the validity of the request, or failing systematically to respond to pertinent correspondence, in order to dissuade the consumer from exercising his contractual rights;
5 ° in an advertisement, directly encourage children to buy or to persuade their parents or other adults to buy the product subject of advertising;
6 ° require immediate payment or deferred of products supplied by the person exercising a liberal profession unless the consumer has requested them, or require their removal or their conservation;
7 ° explicitly informing the consumer that if he does not buy the product or service, the employment of the person concerned or the livelihoods of the person exercising a liberal profession will be threatened;
8 ° give the false impression that the consumer has already won or will win, through or the completion of a formality, a prize or other equivalent benefit, whereas, in fact, there are

No prize or other equivalent benefit,- either the completion of the formalities in connection with the application of the prize or other equivalent benefit is subject to the obligation to pay money or to bear a cost to the customer.
Chapter 2. Unfair professional practices with respect to persons other than consumers s. XIV. 71. Is prohibited, any act contrary to honest business practices by which a person engaged in a liberal profession infringes or may infringe the professional interests of one or more other persons exercising a liberal profession or of one or more other undertakings.
S. XIV. 72. Without prejudice to other legal or regulatory provisions, prohibited any advertising of a person engaged in a liberal profession who: 1 ° all the elements taken into account, in a way, including its presentation or the omission of information, induced in error or is likely to mislead the person to whom it is addressed or whom it reaches, in particular: has) the characteristics of the goods or services such as their availability, nature, execution, composition, mode and the date of manufacture or provision, effects on the environment, their appropriateness, their uses, their quantity, their specification, geographical or commercial origin, the results that can be expected from their use, the results and the essential features of tests or checks carried out on the goods or services;
(b) the price or its mode of establishment and conditions for the provision of the goods or provision of services;
(c) the nature, qualities, qualifications and rights of a person engaged in a liberal profession, such as its identity, its heritage, its powers and its industrial, commercial or intellectual property rights or prices received and its distinctions;
and that, for these reasons, is likely to affect their economic behaviour or which, for those reasons, injures or is likely to cause injury to a person engaged in a liberal profession;
2 ° has derogatory elements respect another person engaged in a liberal profession, its property, its services or its 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 as a breach of the present book or as an offence pursuant to articles XV. 83-86 and XV. 126 s.
XIV. 73. Without prejudice to other legal or regulatory provisions, prohibited any advertising of a person engaged in a liberal profession who: 1 ° includes an invoice or similar document seeking payment which gives the impression that the good or service has already been ordered, while this is not the case.
2 ° conceals provides unclearly substantial information relating to the consequences of the answer given by the recipient, or who conceals, provides unclearly or does not indicate its real intention, since it is not clear from the context.
S. XIV. 74. It is prohibited to any person exercising a profession to prospect, either directly, or through a form of payment, a form control, invoice or equivalent, of an offer document, General conditions, a motion for correction or any other similar document, advertisers to appear in guides, address files telephone directories or lists or similar files, without explicitly indicate that this survey is a paid contract offer and included in the document into characters fatty and the largest character used in the document, the duration of the contract and the price is related.
S. XIV. 75. It is prohibited to any person engaged in a liberal profession to send to another person, without a prior request on his part, any property, to acquire this well against payment of the price, keep or return it to the sender, even free of charge.
It is also forbidden to any person engaged in a liberal profession to provide a service to another person, without a prior request on his part, any with an invitation to accept this service against payment of the price.
The Minister may grant exceptions to these prohibitions for offers made in a philanthropic goal. In this case, the obtained authorization number and the words "the recipient has no obligation or payment reference" must appear legibly, apparent and unequivocal on the documents relating to the offer.
In any case, the recipient is required to pay the service provided or the property posted or return, the lack of response from the recipient regarding the delivery of services or the supply of the property not constituting consent.
S. XIV. 76. It is forbidden to create, operate or promote a pyramid system where a person engaged in a liberal profession pays a contribution in Exchange for the opportunity to receive consideration from instead of the entry of new persons exercising a liberal profession in the system than from the sale or consumption of products.
Chapter 3. Unwanted communications arts. XIV. 77.
§ 1. The use of automated systems of appeal without human intervention and fax for direct marketing purposes is prohibited without the prior, free, specific and informed consent of the recipient of messages.
The person who has given his consent may withdraw at any time, without giving reasons and without any fees can be charged to it.
The burden of proof that the communication made by means of a technique mentioned in this paragraph, or determined to implement this has been requested, upon the transmitter.
The King may, by Decree deliberated in the Council of Ministers, extend the prohibition referred to in paragraph 1 to other techniques of communication than y mentioned, taking into account their evolution.

§ 2. Without prejudice to article XII. 13, unsolicited for purposes of direct marketing, communications carried out by other techniques as those referred to in paragraph 1 or determined pursuant to, are authorized subject to the provisions laid down in articles XIV. 78-XIV. 82 s. XIV. 78. § 1. The operator offers its customer the ability to communicate, at any time, that it is opposed to the use of the telephone number or telephone numbers allocated to him for direct marketing purposes.
The Subscriber free exercises this right of opposition and can at least communicate by phone, letter or e-mail.
At the conclusion of the contract, the operator attention of the Subscriber on this right of an explicit and specific.
§ 2. The operator saves each opposition from a customer, referred to the § 1, within five working days in a file intended for that purpose and communicates to the Subscriber the date of registration.
The operator puts at the disposal of people who want to do direct marketing by phone, the file that contains telephone numbers for which subscribers don't want calls for direct marketing purposes.
An operator can delegate the execution of the obligations laid down in this section to a non-profit organization with which it concludes a contract for this purpose.
S.
XIV. 79. § 1. Any phone call for reasons of direct marketing to a phone number that is listed in the file referred to in article XIV. 78, § 2, is prohibited.
For all telephone calls for direct marketing purposes, caller to check beforehand if the relevant number is not included in this file.
§ 2. The ban in the § 1 does not apply to calls to phone numbers of subscribers who have given their consent to the people who make phone calls for reasons of direct marketing or on behalf of which such appeals are made, to use their personal data to such purposes.
S. XIV. 80. Operators and people who make direct marketing or for the account of which this occurs, bear the burden of proof of compliance with the provisions of this chapter.
S. XIV. 81. § 1. The King may, after receiving the opinion of the Committee on the protection of privacy, take steps to: 1 ° determine the content, form and the functioning of the file referred to in article XIV. 78, § 2;
2 ° determine the terms and conditions of access to these files of people who want to make phone calls for direct marketing purposes, including the identification of such persons;
3 ° maintain the terms of the Subscriber communication, referred to in article XIV. 78, § 1, as simple as possible.
§ 2. The King may also, after the opinion of the Committee on the protection of privacy, approve an association or organization which includes the obligations of all the operators referred to in article XIV. 78. the association or organization may be approved only on basis of the criteria determined by the King and that provides at least the following guarantees: 1 ° the ease of use for the customer;
2 ° the exclusive use of the data from the file to the respect for the rights of the customer in accordance with article XIV. 78, § 1;
3 ° the lack of any goal of profit of the association or organization;
4 °

continuous and simple access to data, for a price reduced for people who want to make phone calls for direct marketing purposes;
5 ° the compliance with the rules imposed under paragraph 1.
S. XIV. 82. For the purposes of this chapter, it is meant by "operator" and "Subscriber", an operator and a Subscriber as defined in article 2, 11 ° and 15 ° of the Act of 13 June 2005 on electronic communications.
Title 5. Final provisions art. XIV. 83. The King has powers to him by the provisions of book XIV, 1, 2, 3, 4, chapters 1 and 3, on the proposal of the Minister.
The King has powers to him by the provisions of book XIV, Title 4, Chapter 2, on the proposal of the Minister.
When measures to be taken in execution of the book XIV, refer to goods or services which, in the fields referred to in titles 1 to 4 are regulated or likely to be regulated at the initiative of other Ministers, these measures should bring in their preamble, reference to the agreement of the Ministers concerned. Where appropriate, these measures are proposed jointly by the Ministers concerned and executed by them, by mutual agreement, each in so far.
It is the same where, in the areas covered by 1 tracks 4, measures to be taken at the initiative of other Ministers as Minister, concern goods or services regulated or likely to be regulated in pursuance of the present book. "."
S.
4. in book XV, title 1, Chapter 2, of the same Code, there shall be inserted a section 6 worded as follows: "Section 6. The expertise for research and finding of violations of the book XIV s. XV.27. when a measure of inquiry, or a measurement of a ticket book XIV runs towards the person exercising a liberal profession within the meaning of article I.8. 35 °, one such thing occurs if applicable exclusively in the presence of the person exercising disciplinary authority over the person exercising the profession, or after it has been duly called, so that it can determine whether and to what extent, the request of information or delivery of books and documents is compatible with respect for professional secrecy.
In addition, this measure is executed in respect of the right to the protection of the privacy of the customer of the person exercising the profession.
Records and other documents of the person exercising the profession can be entered. A copy can be made which can be declared compliant by the person exercising the profession, subject to the preceding paragraphs and in the respect of professional secrecy.
The representative of the competent disciplinary authority may address all his remarks concerning respect for professional secrecy to the authorities who ordered these measures. Acts of seizure minutes of visit mentioned under penalty of nullity the presence of the representative of the competent disciplinary authority or the fact that he has been duly invited and appropriate remarks that the representative of disciplinary authority believed need to.
S. XV. 27/1. § 1. The offences referred to in article XV.124, paragraph 2, can be searched and found both agents referred to in article XV. 2 as those referred to in article 11 of the law of January 24, 1977 relating to the protection of the health of consumers in relation to food and other products.
S. XV.27/2.
§ 1. The officers referred to article XV.2 are also competent to search for and find acts which, without being punishable, may be the subject of an action for injunction formed at the initiative of the Minister. The minutes drawn up in this connection are prima facie evidence to the contrary.

§ 2. In the exercise of their functions, the agents referred to in paragraph 1 have the powers mentioned in article XV.3, 1 °, 2 ° and 7 °.
S. XV. 27/3. § 1.
Officers commissioned to this end by the Ministers referred to in article XVII.9 are relevant to search and see the action provided for in article XVII offences. 3. the minutes drawn up in this connection are prima facie evidence to the contrary.
§ 2. In the exercise of their functions, the agents referred to in paragraph 1 have the powers mentioned in article XV.3, 1 °, 2 ° and 7 °.
S. XV. 27/4. The investigating judge, in the light of the minutes drawn up in pursuance of art. XV.2 and noting violations of the provisions referred to in article XV.124, 16 °, may, by reasoned order, direct operators of means of communication, when they are able to do so, to suspend, within the limits and for the period he determines and which may not exceed one month, the provision of the offender to the means of communication used for the commission of the offence.
The judge may extend one or more times the effects of his order; It must put an end as soon as the circumstances that justified it disappeared.
S.
XV. 27/5. The Minister or officer referred to article XV.2 may apply to a person engaged in a liberal profession, it provides evidence concerning the accuracy of the factual data that communicates as part of professional practice.
The person exercising a liberal profession shall provide, within a period of one month, evidence concerning the accuracy of these data.
If the evidence required under paragraph 1 are not made or are deemed inadequate, the Minister or the agent commissioned for this purpose can be considered professional practice as contrary to the provisions of book XIV, Title 4 "."
S. 5. in book XV, title 3, Chapter 2, of the same Code, there shall be inserted a section 10 worded as follows: "Section 10. The penalties relating to infringements of the book XIV s. XV. 124. Shall be punished by a penalty of level 2, those who commit an offence under the provisions: 1 ° of article XIV. 4 XIV. 8 relating to the indication of prices and orders made pursuant to article XIV. 8;
2 ° of article XIV. 10 and XIV. 11 relating to the reference to its own price applied previously and orders made pursuant to articles XIV. 12 and XIV. 13;
3 ° of article XIV. 20 in the matter of the presentation to the consumer, for signature, a bill of Exchange;
4 ° of article XIV. 27-XIV. 37 relating to distance contracts;
5 ° of article XIV. 39-XIV. 47 relating to contracts outside the usual places for the exercise of the profession;
6 ° of article XIV. 55 and XIV. 56 relating to the purchase order and to the supporting documents and orders made pursuant to articles XIV. 55 and XIV. 56;
7 ° of articles 62, XIV, XIV. 67 and XIV.
70 relating to unfair professional practices with regard to consumers, with the exception of articles XIV. 67, 12 °, 14 °, 16 ° and 17 °, and XIV. 70, 1 °, 2 ° and 8 °;
8 ° of article XIV. 74 relating to the prohibition of unfair market practices aimed at prospecting advertisers;
9 ° of article XIV. 75 relating to purchases forced against persons exercising a liberal profession;
10 ° of article XIV. 77-XIV. 82 relating to communications unwanted;
11 ° of the regulations of the European Union which relate to matters within the book XIV, under the regulatory power of the King.
S. XV. 124/1. The punishment of a fine of level 3, those who, in bad faith, commit an offence under the provisions of book XIV of this Code, with the exception of those referred to in articles XV. 83, XV. 85, XV. 86 and XV. 126 with the exception of the offences referred to in article XIV. 71 s.
XV. 124/2. Are punished by a sanction of level 3: 1 ° those who do conform to this that has a judgment or a ruling under article XVII. 1, following an action for injunction;

2 ° those who, voluntarily, in person or through an intermediary, suppress, hide or shred completely or partially posters placed in application of articles XVII. 5 and XV. 131 s. XV. 124/3. Are punished by a sanction of level 6, those who commit an offence under articles XIV. 67, 12 °, 14 °, 16 ° and 17 °, and XIV. 70, 1 °, 2 ° and 8 ° relating to unfair business practices and article XIV. 76 "."
S. 6a article XV. 131 of the Code of economic law, the word "XIV", is inserted between the words 'books' and 'VIII and IX'.
CHAPTER III. -Provision repealing art. 7 Act of 2 August 2002 on misleading advertising and comparative advertising, unfair terms and contracts remote in relation to the liberal professions, as amended by the law of April 19, 2007, is repealed.
CHAPTER IV. -Allocation of competencies art.
8. the King can coordinate the provisions of the Code of economic law, as that inserted by this law, with provisions that would have expressly or implicitly modified at the time where the coordination will be established.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
Chapter V. - Provisions finals s. 9. this Act comes into force on May 31, 2014.
S.

10. the provisions of title 3 of the book XIV "of contracts with consumers' code of economic law, as inserted by this Act, relating to contracts between a person engaged in a liberal profession and a consumer shall apply only to contracts concluded after the entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on May 15, 2014.
PHILIPPE by the King: the Minister for the economy and consumers, J. VANDE LANOTTE the Minister of Middle Classes, SMEs and the self-employed, Ms. S. LARUELLE. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives: (www.lachambre.be).
Documents: 53-3423-2013/2014.
Full report: March 27, 2014.
Senate: (www.senate.be).
Documents: 5-2815-2013/2014.
Expiry of the period of review: April 18, 2014.

«Annex 1 to book XIV of the Code of economic law information standardized on the withdrawal right of withdrawal you have the right you retract this contract without giving any reason within a period of fourteen days.»
The withdrawal period expires 14 days after the day (1).
To exercise the right of withdrawal, you must notify us (2) your decision of withdrawal from the contract by means of a statement devoid of ambiguity (for example, letter sent by post, fax or e-mail). You can use the withdrawal form template but this is not mandatory. (3) to ensure the withdrawal period is observed, just you to convey your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of the withdrawal in the event of withdrawal on your part of this contract, we will refund all payments received from you, including shipping (with the exception of the additional costs arising from the fact that you chose, if necessary, a shipping method other than the less expensive standard delivery proposed by us) without undue delay and in any event no later than fourteen days after agenda where we are aware of your decision to withdraw from this contract. We will proceed with the refund using the same means of payment than the one you have used for the initial transaction, unless you expressly agree in a different way;
in any case this refund cause no charge for you. ((4) (5) (6) instructions for completing the information (1) insert one of the following quotes passages: a) if it is a contract of service or a contract for the supply of water, gas or electricity when they are not packaged in a delimited volume or in specified quantity, heating or digital content not supplied on a physical medium : "for the conclusion of the contract.';
(b) if it is a contract of sale: "where you, or a third party other than the carrier and designated by you, physically takes possession of the property.";
(c) if it is a contract for several goods ordered by the consumer by means of a single control and if these goods are delivered separately: "where you, or a third party other than the carrier and designated by you, takes physical possession of the last well. ';
(d) if it is a contract for the supply of goods in several lots or parts: "where yourself or a third party other than the carrier and designated by you, physically takes possession of the last lot or the final piece."
(e) if it is a contract for regular delivery of goods for a period of time determined: "where you, or a third party other than the carrier and designated by you, takes physical possession of the first well.»
(2) Insert your name, geographical address and, where available, your telephone number, your fax number and your e-mail address.
(3) If you give the consumer the faculty to complete and transmit electronically the information on withdrawal of the contract on your website, insert the following text: "you can also complete and submit the form template's withdrawal or any other statement devoid of ambiguity on our Web site [insert website address]. If you use this option, we will send without delay an acknowledgment of the withdrawal on a durable medium (for example, by e-mail). "(4) if it is a contract of sale under which you have not proposed to recover the property in the event of withdrawal, insert the following text:"we can defer repayment until we received the property or until you have provided proof of shipment of the property, whichever is the first of these facts. ("(5) if the consumer has received goods under the contract: has) insert:-"we event property "; or - "you need to return or make good, to ourselves or to...". [insert the name and geographic address, where applicable, of the person authorised by you to receive good] without undue delay and, in any event, no later than 14 days after you have communicated your decision of withdrawal from the contract. This deadline is deemed met if you return the property before the expiry of the period of fourteen days. (' b) insert:-"we will take in charge the costs for returning of the property. »;
-"You need to support the direct costs of returning of the property.";
-If, in the case of a distance contract, you are not proposing to support the costs of returning of the property and the property, because of its nature, cannot normally be returned by mail: 'you need to support the direct costs of returning good,... ". EUR [insert amount]. »; or, if the cost of good reference cannot reasonably be calculated in advance: 'you need to support the direct costs of returning of the property. These costs are estimated at a maximum of about... EUR [insert amount]. »; or - if, in the case of a contract off-premises, good, because of its nature, cannot normally be returned by mail and delivered to the domicile of the consumer at the time of the conclusion of the contract: "Us event the property at our own expenses." and c) insert: "your responsibility is committed only in respect of the depreciation of the property resulting from manipulations other than those necessary to establish the nature. the characteristics and the proper functioning of this property. "(6) in the case of a contract for the provision of services or provision of water, gas or electricity when they are not packed in a volume delimited or fixed amount, or district heating, insert the following text:" If you have requested to start the delivery of services or the supply of water / gas / electricity / heating [delete inapplicable] during the withdrawal period. You must pay us an amount in proportion to what has been provided until the moment where you have informed us of your withdrawal of this contract, compared to all of the benefits provided by the contract.
"»»" Annex 2 in book XIV model withdrawal form economic law Code (please complete and return this form only if you want to retract you contract)-the attention of [the person exercising a liberal profession here inserts his name, geographical address and, when available, fax number and e-mail address]:-I/we (*) notifies you / notify (*) hereby my / our (*) rescission of the contract for the sale of the property (*) /to delivery of. Service (*) below - ordered (*) / received ()) - name of (des) consumer (s) - address of (des) consumer (s) - Signature of (des) consumer (s) (only in the case of notification of the present form on paper) - Date _ Note (*) strike out the inapplicable. »