Law On The Insertion Of Title Vi "the Market Practices And Consumer Protection" In The Code Of Law Economic And On Insertion Of Book Vi-Specific Definitions And Enforcement Provisions To Book Vi, In The Li

Original Language Title: Loi portant insertion du titre VI « Pratiques du marché et protection du consommateur » dans le Code de droit économique et portant insertion des définitions propres au livre VI, et des dispositions d'application de la loi propres au livre VI, dans les Li

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013011649&caller=list&article_lang=F&row_id=1000&numero=1039&pub_date=2013-12-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-12-30 Numac: 2013011649 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 21 December 2013. -Law on the insertion of title VI "The market practices and consumer protection" in the Code of law economic and on insertion of Book VI-specific definitions and enforcement provisions to Book VI, 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 4, as follows: "Chapter 4. Book VI article-specific definitions I. 8. For the purposes of Book VI, 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: the import to the sale, holding with a view to sale, offer for sale, sale, the offer for rental 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 company;

4 ° registered name: has) for agricultural products and foodstuffs: the protected designation of origin, the geographical indication or any other equivalent denominations available to agricultural products or foodstuffs in accordance with the provisions of the European Union which determine the rules relating to their protection.
(b) for other products:-the protected designation of origin which may rely products originating in a region or a specific place, the quality or characteristics are due essentially or exclusively to the geographical environment, including natural and human factors, and the production, processing and preparation have place in the defined geographical area, where it has been recognised to them in accordance with regional regulations;
-the protected geographical indication which may rely products originating in a region or a specific place, a specific quality, reputation or other characteristics can be attributed to that geographical origin and the production and/or processing and/or the development take place in the defined geographical area, where it has been recognised to them in accordance with the applicable regional;
5 ° goods sold in bulk: goods are not subject to any packaging and which are measured or weighed by the consumer or in his presence;
6 ° goods sold in the piece: assets that may be subject to a split without changing the nature or properties.

7 ° 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;
8 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;
9 ° measurement unit: the unit referred to the Book VIII;
10 ° Packer: the person who actually packages goods for offer for sale;
11 ° conditioner: the person who determines the property to offer for sale;
12 ° nominal quantity: the weight or volume indicated on a prepackage and corresponding to the net amount that the prepackage is deemed to contain.
13 ° advertising: any communication aimed directly or indirectly to promote the sale of products regardless of location or means of communication being implemented;
14 ° comparative advertising: any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor;
15 ° distance contract: any contract concluded between the company and the consumer, an organized system of sale or provision of service remotely, without the simultaneous physical presence of the company and the consumer, by the exclusive use of one or more means of communication at a distance, until, and including the time when the contract is concluded;
16 technical ° of distance communication: any means which, without the simultaneous physical presence of the company and the consumer, may be used for the conclusion of the contract between those parties;
17 ° operator of a means of communication: any public or private, natural or legal person whose occupation is to provide companies with one or more means of distance communication;
18 ° financial service: any service relating to the Bank, credit, insurance, individual pensions, investments and payments;
19 ° durable medium: all instrument allowing to the consumer or the company to store information that addressed personally in a way to reference later during a period of time adequate for the purposes for which the information is intended, allowing the the unchanged reproduction of the information stored;
20 ° provider: any undertaking which is the contractual provider of services subject to distance contracts;
21 ° joint offer: offer binding to the acquisition of goods and services, free or not, the acquisition of other goods or services;

22 ° unfair: any clause or any condition in a contract between a company 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.

23 ° practical commercial: any act, omission, conduct or representation, commercial communication including advertising and marketing, a company, directly connected with the promotion, sale or supply of a product;
24 ° substantial alteration of the economic behaviour of consumers: the use of a commercial 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;
25 ° professional diligence: the level of expertise and care which the undertaking is reasonably expected to demonstrate in its field of activity to the consumer, in accordance with honest practices in commercial matters;

26 ° 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;
27 ° 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.
28 ° 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;
29 ° consumer collective agreement: an agreement concluded within the Council of consumption between consumer organisations and professional organisations, and which governs relations between businesses and consumers concerning goods or services or categories of goods or services;
30 ° 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;
31 ° off-premises contract: any contract between the company and the consumer: was) concluded in the simultaneous physical presence of the company and the consumer, in a place that is not the commercial establishment of the company; (or b) having made an offer to the consumer in the same circumstances, as indicated in item a); or c) concluded in place of business of the undertaking or by means of a technique of communication distance immediately after the consumer requested personally and individually in a place that is not the commercial establishment

the company, in the simultaneous physical presence of the company and the consumer; or d) concluded during an excursion organised by the company aim or effect of promoting and selling goods or services to the consumer.
32 ° commercial establishment: has) any commercial building site where the company carries on business permanently. or (b) any furnished commercial site where the company carries on business in the usual manner;
33 ° sales contract: any contract under which the company 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 with both for purpose of the goods and services;
34 ° service contract: any contract other than a contract of sale whereby company provides is committed to providing a service to the consumer and the consumer pays or agrees to pay the price of it;
35 digital content °: produced and supplied data in digital form;
36 ° public auction: a method of sale that the company offers to the consumers of the goods or services by means of a procedure of transparent competition led by a departmental officer responsible for conducting the operations of the public sale, to which consumers attend or may attend in person, and at the end of which the successful tenderer is required to acquire where the asset or service;
37 ° commercial warranty: any commitment from the company 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 other potential elements not related to compliance set forth in the warranty statement or in the corresponding advertising at the time of the conclusion of the contract or before;
38 ° ancillary contract: a contract under which the consumer acquires goods or services relating to a contract, the goods or services being provided by the company or a third party on the basis of an agreement concluded between the latter and the company;
S. 3. in the same Code, it is inserted a book VI as follows: "Book VI. Market practice and 1 title consumer protection. -Principles General s. VI. 1. § 1. This book focuses the regulation of market practices and the protection of the consumer, without prejudice to the specific provisions is in force in certain sectors.
It aims the transposition of: 1. Council Directive 76/211 / EEC of the Council of 20 January 1976 on the approximation of the laws of the States relating to the making-up by weight or by volume of certain prepackaged products;
2 directive 93/13 / EEC of 5 April 1993 on unfair terms in contracts concluded with consumers;
3. directive 98/6 / EC of the European Parliament and of the Council of 16 February 1998 concerning the consumer protection in the indication of prices of products offered to consumers.
4. 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);
5. directive 2002/65 / EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Directives 90/619 / EEC, 97/7/EC and 98/27/EC;
6. directive 2004/48 / EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights;
7. 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");
8. 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");
9. directive 2006/114 / EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version).
10 directive 2011/83 / EU of the European Parliament and the Council of October 25, 2011 on the rights of consumers, amending Directive 93/13 / EEC of the Council 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.

§ 2. For the matters covered by this book, the King may, on the proposal of the Ministers with the economy, consumption and finance within their remit, for one or more categories of financial services, arrange particulieres.ou waive the application of certain provisions of this book.
Before propose an order pursuant to paragraph 1, the Minister shall consult the Consumer Council and the authority of financial markets (FSMA) and services and sets the reasonable time within which notice must be given. After this period, the notice is no longer required.
TITLE 2. -1 Chapter market information. -General obligation to s. consumer information VI. 2. Before the consumer is bound by one contract other than a distance or off-premises contract, or by a contract referred to in article VI. 66, the company 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 company, including its business number, its name, 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 transport, delivery or postage 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 to which the Company undertakes to deliver the product and provided by the company for the processing 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 conditions of sale account of information need expressed by the consumer and given the reported by the consumer use or reasonably foreseeable;
8 ° where appropriate, the capabilities of digital content, including technical protection measures applicable;
9 ° if applicable, any relevant interoperability of digital content with some hardware or software and other services which the company has or ought reasonably to be aware.
CHAPTER 2. -By an indication of the price article VI. 3. § 1. Except in the case of public sale, any company that offers properties 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 company that offers to the consumer of the homogeneous services indicates the price written legibly, apparent and equivocal.
S.
VI. 4. 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. VI. 5. Prices for consumers are at least in euro.

S. VI. 6. All advertising for consumers doing a price stated in accordance with the requirements of articles VI. 4 and VI. 5, and the provisions adopted in implementation of article VI. 7, 1 °.
S. VI. 7. For the products or categories of products that it determines, the King may: 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;
3 ° to determine, for the services or categories of services other than homogeneous services, under what circumstances and in what manner a prior quotation must be issued to the consumer, provided that it makes the request and that the company is willing to provide the service.
CHAPTER 3. -The name, composition and labelling of goods and services art. VI. 8. The particulars which are subject to labelling and which are made binding by the present book,

by his orders of execution or execution orders made pursuant to the Act, on February 9, 1960, allowing the King to regulate the use of the names under which the goods are released commercially, the Act of 14 July 1971 on the practices of trade and of the law of 14 July 1991 on trade and on information practices and the protection of the consumer , as well as the operating instructions and warranty bulletins, are at least labeled in a language understandable to the average consumer, taking into account of the linguistic region where the goods or services are provided, for payment or free of charge, to the consumer.
When it is mandatory, the labelling is apparent and readable, used in the form and with the content set by the regulation applicable, and clearly distinct from advertising.
S. VI. 9. § 1. The King may, without prejudice to the competence conferred in the field of public health, to ensure the loyalty of commercial transactions or consumer protection: 1 ° for goods or categories of goods it designates, prescribe labelling and determine the particulars and other elements;
2 ° set the conditions of composition, constitution, presentation, quality and security to fulfill the goods to be placed on the market, be it under a name determined or not;
3 ° prohibit the placing on the market of goods under a name determined;
4 ° impose the use of a name determined for goods which are placed on the market;
5 ° impose adding names under which goods are placed on the market, of signs, words, or phrases intended to clarify the meaning;
6 ° prohibit the addition of certain signs, words or phrases to the names under which goods are placed on the market.

§ 2. Before proposing an order under the preceding paragraph, the Minister consults with 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.
S.
VI. 10. For services or classes of services, the King may, in compliance with the formalities prescribed by article VI. 9, § 2, to ensure the loyalty of commercial transactions or consumer protection: 1 ° determine what description, what general terms of services must be communicated to the consumer and how;
2 ° prohibit the placing on the market of services under a name determined;
3 ° impose the use of a name determined for services that are placed on the market;
4 ° impose adding names under which the services are placed on the market, of signs, words, or phrases intended to clarify the meaning;
5 ° prohibit the addition of certain signs, words or phrases to the names under which the services are placed on the market.
Where measures to be taken in pursuance of this article concern financial services, these measures are proposed jointly by the Minister and the Minister of finance.
CHAPTER 4. -Of the indication of quantities s.
VI. 11. § 1. All good conditioning for sale focuses on the packaging or in the absence thereof, on the same property, a legible, apparent and unambiguous, the indication of the nominal quantity expressed in a unit of measurement.
§ 2. For goods packed in quantities exceeding 10 kg or 10 l and intended for wholesale, the indication of the nominal quantity expressed in a unit of measurement is worn either on the packaging or, failing that, on the same property, legibly, apparent and not equivocal, or on the invoice, note of consignment or any other document delivered or shipped at the time of delivery.
§ 3. For goods delivered by loading more of 10 kg or 10 l unit, the nominal quantity expressed in a unit of measurement is worn on a weighing or measuring document that will be delivered to the purchaser at the time of delivery.
S. VI. 12.
The obligation to indicate the nominal quantity is the responsibility of the packer or packer, as appropriate.

If goods are imported, the obligation to indicate the nominal quantity rests with the importer.

However, the obligation to indicate the nominal quantity falls on the one who proceeded to packaging or the prepackaging, when he has expressed the wish in writing to the Packer, packer or the importer, as the case.
S. VI. 13. When the nominal quantity has not been indicated in accordance with the provisions of article VI. 11, § 1, the company cannot offer for sale goods to the consumer only after having indicated this quantity expressed in units of measurement, legibly, apparent and unambiguous, on the packaging or in the absence thereof, on the same property or on a sign placed near the property.
The amount shall not be included for goods sold in bulk.
S. VI. 14. The indications provided by the measuring instruments used to determine the quantities of the goods sold in bulk must be clearly legible and visible to the average consumer.
S. VI. 15. Any advertising for consumers on pre-packaged goods in pre-established quantities which reported a price, said nominal quantities of contents of the packages, in accordance with the provisions of this chapter.
S.
VI. 16. For goods or categories of goods that it designates, the King may: 1 ° prescribe special detailed rules as regards the indication of quantities;
2 ° provide the obligations imposed by articles VI. 11-VI. 13;
3 ° provide an indication of the nominal quantity in a unit of measurement and prescribe a unit of sale;
4 ° determining permissible deviations between the nominal quantity and the actual quantity, and the methods of control of these differences;
5 ° fixing nominal quantities for the contents and/or containers of goods intended to be placed on the market;
6 ° prescribing the indication of the number of parts contained in a prepackage and determine permissible deviations between the number and the actual number, as well as the methods of control of these discrepancies.
CHAPTER 5. -Of comparative advertising art.
VI. 17. § 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 articles VI. 97-VI. 100 and article VI. 105, 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 businesses between the advertiser and a competitor or between the marks, trade names, other distinctive signs, goods or services of the advertiser and those of a competitor;
5 ° it does not discredit or denigrate the trademarks, trade names, other distinctive signs, 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 of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing goods;
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 meet the conditions laid down in paragraph 1.
CHAPTER 6. -Promotions Section 1st pricing. -The reference to its own price applied previously art.
VI. 18. A company cannot, 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 company.
If the company 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 an enterprise applies 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. VI. 19. Except in the event of liquidation sale, the price reduction may be announced for a period not exceeding one month. Except for the goods referred to in article VI. 117, § 1, 2 °, 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. VI. 20. The King may, for goods and services or categories of goods and services which it designates, prescribe special detailed rules as regards the reference

own price applied previously.
S. VI. 21. The King means the goods, services or categories of goods or services for which the ads referred to in article VI. 18, 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. -Sales in liquidation art.
VI. 22. The use of the name "Liquidation", "ITU-verkoop" or "Ausverkauf" or equivalent denominations for the offer for sale or the sale of goods is allowed in only one of the following cases and subject to compliance with the other conditions of this section: 1 ° the sale takes place in execution of a judicial decision;
2 ° the heirs or successors of a deceased person who operated a business offer for sale all or part of the stock of this company collected by them;
3 ° a company takes over another undertaking trade and offer for sale all or a portion of the stock transferred;
4 ° a company that waives its activity offers for sale all of its stock and has not been similar goods, for the same reason, in the three previous years;
5 ° a undertaking carries on the premises where a site usually offers for sale to the consumer, transformations or the work of rehabilitation for a period of more than 20 working days, provided that this work make it impossible sale and that the company has not been similar goods, for the same reason, in the three previous years;
6 ° a company transfers the establishment where takes place usually offers for sale to the consumer to another location, or it closes its establishment, provided that it has operated the establishment for a year at least before the start of the liquidation sale;
7 ° a disaster has caused serious damage to all or a significant portion of the stock of the assets of the company;
8 ° as the result of force majeure, an important obstacle is made to the activity;
9 ° the physical person who carries on a business waives any business reason for admission to the pension provided, however, that it has not made a sale in liquidation during the previous year, on the grounds referred to in 4 ° or to the reason for closure of the establishment referred to in the 6th.
S. VI. 23. § 1. The duration of the liquidation is limited to five months for the cases referred to in article VI. 22, 1 ° to 8 °, and 12 months for the case referred to in article VI. 22, 9 °. Interruptions of the sale in liquidation during these periods have no suspensive effect.
Any announcement or other advertising for a liquidation specifies must be the date of the start of the auction.
§ 2. Except in the cases referred to in article VI. 22, 1 ° and 7 °, any sale in liquidation takes place in retail outlets where or with which sales techniques, identical properties were usually put up for sale by the company even, either the deceased or the transferring undertaking.
The company which considers to be unable to comply with paragraph 1, may request of the Minister or the officer designated by him for that purpose, a derogation by registered letter to the post. It specifies the reasons and the place where she wishes to proceed with the liquidation sale. It is held on this request within ten working days. In the absence of a refusal within this period, the derogation is supposed to have been granted.
§ 3. Can only be offered for sale or sold in liquidation, assets that are part of the stock of the company before the start of the liquidation.

However, may also be offered for sale or sold in liquidation, assets which, at the time of the judicial decision referred to in article VI. 22, 1 °, or at the time of the death of the person who was carrying on a business referred to in article VI. 22, 2 °, or at the time of the incident referred to in article VI. 22, 7 ° or at the time of the impairment referred to in article VI. 22, 8 °, were the subject of a command that can be held for normal taking into account its importance and its date.
If the company operates several sales outlets, no good can, without the authorization of the Minister or the officer designated by him for that purpose, be transferred from one establishment to the place where the liquidation sale occurs.
Permission is being sought by registered mail specifying the circumstances which justify the request. It is held on this request within ten working days.
In the absence of a refusal within this period, the transfer of assets is supposed to have been granted.

§ 4. Except in the case provided for in article VI. 22, 1 °, well offered for sale in liquidation must undergo a reduction in price compared to the reference price, which is the lowest price which was requested during the month preceding the first day of sale in liquidation, by the same company, either the deceased or the transferring undertaking.
At the mention of the price at which the property is sold in liquidation, the reference price is also mentioned, or the information allow the average consumer to calculate immediately and easily this reference price.
When an enterprise applies a percentage uniform reduction on goods or categories of goods, it may mention as the reference price. The announcement indicates if the reduction was made.

§ 5. The burden of proof of compliance with all requirements laid down for sale in winding-up described in this section to the person who carries out such a sale.
S.
VI. 24. The King may determine special methods for notification prior to the commencement of the liquidation.

Section 3. -Balance article sales VI. 25. § 1. To ensure honest practices of market between the enterprises offered for sale the sale under the denomination "Balances", "Opruiming", "Sölden" or "Schlussverkauf", or any other similar name, are permitted to offer for sale and sale of goods discounted during the following periods: 1 ° of January 3 to January 31; When on 3 January is a Sunday, the period begins January 2;
2 ° from 1 July to 31 July; When July 1 is a Sunday, the period begins June 30.
§ 2. The King may modify the period referred to in paragraph 1, without that it cannot be more than one month.
§ 3. The King may lay down additional provisions for the offer for sale and sale of goods under the name referred to in paragraph 1.
S. VI. 26. § 1. Can only be offered in denominations referred to in article VI. 25, § 1, assets that the company has in its possession at the beginning of the periods laid down in article VI. 25, and that it had offered for sale previously for at least 30 days.

§ 2. When goods are offered for sale under the names referred to in article VI. 25, § 1, they must undergo a reduction in price relative to their reference price.
This reference price is: 1 ° the lowest price at which the property was offered for sale during the month preceding the beginning of the periods laid down in article VI. 25, provided that the property was offered on sale for this month in the same point of sale or by the same sale techniques;
2 ° in all other cases, the lowest price that the company has applied previously in a point of sale or as a sales technique.
§ 3.
The indication of the price reduction is made in accordance with the provisions of article VI. 18 s.
VI. 27. The company can advertise for tenders in sales and sales under the names referred to in article VI. 25, § 1, before the beginning of the periods referred to in article VI. 25, provided that this advertising stating the date from which it takes effect.
S.
VI. 28. The burden of proof of compliance with the conditions laid down for jobs in sales and sales under the names referred to in article VI. 25, § 1, is the responsibility of the company that carries out such sales.
S. VI. 29. § 1. For the sectors of clothing, leather goods and shoes, it is forbidden to announce price reductions which produce their effects during the waiting period.
The prohibition referred to in paragraph 1, also implies the prohibition of disseminating securities giving right to a reduction in price during the waiting period.
§ 2. The waiting period is the period of one month preceding the beginning of the periods referred to in article VI. 25 § 3. The King may designate goods or categories of goods for which the prohibition referred to in paragraph 1 does not apply.
§ 4. The prohibition referred to in paragraph 1 shall not apply to offers for sale and sales during trade events organized during the waiting period, provided that these these are organised by local groups of undertakings or with their participation and have a maximum duration of four days waiting period.

The King may lay down additional conditions to which these events can be arranged.
§ 5. The period referred to in paragraph 1 is not applicable to sales in liquidation made pursuant to sections VI. 22-VI. 24 s.
VI. 30. Before proposing an order under articles VI. 25 and VI. 29, the Minister consults

the Consumer Council and the Board of Governors for the self-employed and SMEs It sets the reasonable time within which notice must be given. After this period, the notice is no longer required.
Section 4. -Securities giving entitlement to a refund or a reduction in price s. VI. 31. The titles offered by a company during the acquisition of a good or of a service and giving 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. VI. 32. § 1. Any company that is presenting a title which was distributed free of charge by itself or by another company and which allow the holder to purchase one or several goods and/or services, to immediately obtain a price reduction, is obliged to accept, provided that the terms of the offer are fulfilled.
If the title has been issued by an undertaking other than 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 in paragraph 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. VI. 33. 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 VI. 32, is not the company where the title was presented, the issuer is obliged to pay it back within a reasonable time to the company where the title was presented.
CHAPTER 7. -Provisions various arts. VI. 34. Without prejudice to the application of article VI. 97, 1 ° and 2 °, if publicity limited in time is advertised outside of the company for one or more goods with reference to their price, the undertaking does not have more than the goods involved is required to deliver to the consumer for any property for a price higher than 25 euros which the stock is exhausted, a title giving right to purchase within a reasonable time and on such terms of supply.
The obligation set out in paragraph 1 does not apply when the company: has) can no longer constitute a new stock of goods concerned under the same conditions; or b) would again, after exhaustion of its stock, offer for sale the goods involved and what it stated clearly in its advertising; or c) mentioned in the relevant advertisement the number of goods in stock for each of the points of sale for which the advertising was made.
The King may adjust the amount referred to in paragraph 1.
S. VI. 35. § 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 pursuant to paragraph 1, the Minister shall consult the Consumer Council and the Board of Governors for the self-employed and SMEs and the reasonable period within which notice must be given. After this period, the notice is no longer required.
S. VI. 36. § 1.
The Commission for labelling and ecological advertising is responsible to issue opinions and recommendations, concerning advertising and labelling, relating to the effects on the environment and on the development of a code for environmental advertising.
§ 2. After receiving the opinion of the Commission and the joint initiative of the Minister and of the Minister having environment in his or her attributions, the King may impose a code for environmental advertising.
§ 3. The King determines the composition of the Commission.
It must count among its members, at least two representatives of associations for the protection of the environment.
TITLE 3. -Contracts with consumers Chapter 1.
-Provisions general article VI. 37. § 1. When all or some clauses of a contract between a company 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 company and a consumer can be interpreted according to commercial practices in direct relationship with him.
S. VI. 38. When a contract with a consumer was concluded as a result of an unfair trade practice referred to in article VI. 100, 12 °, 16 ° and 17 °, and article VI. 103, 1 °, 2 ° and 8 °, the consumer may, within a reasonable 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 trade practice referred to in articles VI. 93-VI. 95, VI. 100, 1 ° to 11 °, 13 ° to 15 °, 18 ° to 23 °, and article VI. 103, 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 VI. 103. 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. VI. 39.
Without prejudice to specific regulations that expressly permit it, it is prohibited any company to sign a letter of Exchange to promise or make secure payment of liabilities of the consumer.
S. VI. 40. It is forbidden the company 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.
VI. 41. Before the consumer is bound by a contract or an offer, the company must obtain the express consent of the consumer to any additional payment for the agreed remuneration in respect of the main contractual obligation of the company. If the company has not obtained the express consent of the consumer, but he concluded it by resorting to options by default that the consumer must reject to avoid extra payment, the consumer is entitled to the refund of these amounts paid.
S. VI. 42. When using a means of payment, it is prohibited the company to charge the consumer charges greater than the costs that it supports for the use of these same means.
S. VI. 43. § 1. Unless the parties provide otherwise regarding the timing of the delivery, the company delivers goods in 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 company to the delivery obligation 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 company has not made the delivery within that additional period, the consumer has the right to terminate the contract.
The first subparagraph of this paragraph shall not apply to contracts of sale when the company refused to deliver the goods or when the delivery within the agreed delivery time is essential in light of all the circumstances surrounding the conclusion of the contract or when the consumer informs the company, before the conclusion of the contract, delivery to a specific or no later than a specified date date is essential. In these cases, if the company 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 company shall reimburse any amount paid under the contract without undue delay.
§ 4. This article shall apply without prejudice to the sanctions of common law.
S.
VI. 44. With regard to contracts that the company 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 these

property. However, the risk is transferred to the consumer at the supply of the goods to the carrier therefore that the latter was responsible for the transport of goods by the consumer and that the choice was not proposed by the company, without prejudice to the rights that the consumer has with respect to the carrier.
CHAPTER 2. -Distance Section 1st contracts. -Distance not referring to s. financial services contracts VI. 45. § 1. Before the consumer is bound by a contract remotely, the company 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 company, including its business number, business name;
3 ° the geographic address where the undertaking is established as well as phone number, fax number and e-mail address, when available, to allow the consumer to contact quickly and communicate with it effectively and, where applicable, the geographical address and the identity of the company on behalf of which it acts;
4 ° if it differs from the address provided under point 3 °, the geographical address of place of business of the company and, where applicable, the company 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 method of calculation of the price and, where appropriate, all additional transport, delivery or postage costs and all the other costs 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 at which the Company undertakes to deliver the goods or perform the services and, if any, laid down by the company 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 VI. 49, 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 VI. 46, § 8, the information that the consumer is required to pay the reasonable costs to the company, in accordance with article VI. 51, § 3;
11 ° where the right of withdrawal is not provided in accordance with article VI. 53, the information that the consumer 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 guarantee payable or to be provided by the consumer at the request of the company, as well as 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 some hardware or software which the company 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 company is subject and the terms of access to it.
§ 2. In the case of a public auction, the information referred to in paragraph 1, 2 °, 3 ° and 4 °, may be replaced by equivalent information on the departmental officer responsible for conducting the operations of the public sale.
§ 3. The information referred to in paragraph 1, 8 °, 9 °, 10 °, can be provided by using standardized on the withdrawal on the model referred to in annex 1 of this book. The company has fulfilled the obligations of information set out in the above paragraph 1, 8 °, 9 ° and 10 °, if she has provided such information to the consumer, properly completed.

§ 4. 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.
§ 5. If the company 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.

§ 6. The burden of proof regarding compliance with the disclosure requirements set out in this section is the responsibility of the company.
S. VI. 46. § 1.
The company provides the consumer with the information provided for in article VI. 45, § 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 company informed the consumer in a manner clear and apparent, and directly before the consumer pass his command, information provided for in article VI. 45, § 1, 1 °, 5 °, 15 ° and 16 °.
The company 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 company. If company does not comply with 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 that imposes constraints of space and time for the presentation of information, the company provides, on the technique in question before the conclusion of the contract, at least the pre-contractual information concerning the main characteristics of the goods or services, the identity of the company, the total price, the right of withdrawal , the duration of the contract and, in the case of contracts of indefinite duration, terms and conditions for terminating the contract, such as set out in article VI. 45, § 1, 1 °, 2 °, 5 °, 8 ° and 15 °. The company provides to the consumer other information referred to in article VI. 45, § 1, in a form adapted in accordance with paragraph 1 of this article.

§ 5. Without prejudice to paragraph 4, when the company 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 specifies the commercial 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 company 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 company provides 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 VI. 45, § 1, except if the company has already provided this information to the consumer on a durable medium before the conclusion of the distance contract, and

b) where applicable, confirmation of the express consent and the recognition by the consumer in accordance with article VI. 53, 13 °.
§ 8. When a consumer wants that provision of a service or supply of water, gas or electricity, when they are not packaged in a volume delimited or fixed amount, or district heating begins during the withdrawal period provided for in article VI. 47, § 2, the company requires the consumer to it makes the express request.
S. VI. 47. § 1. Without prejudice to article VI. 53, 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 VI. 50, § 2, and in article VI. 51 § 2. Without prejudice to article VI. 48, 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. VI. 48. If the company fails to inform the consumer of his right of withdrawal as required by article VI. 45, § 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 VI. 47, § 2.
The company 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 VI. 47, § 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. VI. 49.
§ 1. The consumer informs the undertaking before the expiry 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 VI. 47, § 2, and in article VI. 48, if he addresses the communication regarding the exercise of the right of withdrawal before the expiry of this period.
§ 3. The company 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 company, or the form template of withdrawal set out in annex 2 of this book, is a statement devoid of ambiguity. In these cases, the company 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. VI. 50. § 1. The company shall reimburse all payments received on the part of the consumer, including, where appropriate, delivery charges, without undue delay and in any case 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 VI. 49. the company 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 means of payment and provided that the refund does not charge to the consumer cause.

§ 2. Notwithstanding paragraph 1, the company 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 company.
§ 3. With regard to contracts for the sale, unless it proposes to recover itself property, the company 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. VI. 51. § 1. Unless the company does to recover itself these goods, the consumer Returns or makes goods to the company 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 company in accordance with article VI. 49. this deadline is met if the consumer returns the goods before the expiration of the period of 14 days.
The consumer only supports the direct costs associated with the return of goods, unless the company agrees to take his load or failed to inform consumers that it must take care.
§ 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 the assets when the company failed to inform him of his right of withdrawal in accordance with article VI. 45, § 1, 8 °.
§ 3. When the consumer exercises his right of withdrawal after having submitted a request in accordance with article VI. 46, § 8, pay to the company an amount which is proportional to what was provided up to the point where he informed the company of 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 enterprise is calculated based on 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 or for the provision of water, gas or electricity, when they are not packaged in a volume delimited or fixed amount, or district heating, in whole or in part, during the withdrawal period, when: a) the company has failed to provide the information referred to in article VI. 45, § 1st, 8 ° or 10 °; or (b) where the consumer has not expressly requested execution begins during the period of withdrawal in accordance with article VI. 46, § 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 VI. 47; or (b)) the consumer did not recognize lose his right of withdrawal by giving its consent; or c) the company has failed to provide a confirmation in accordance with article VI. 46, § 7.
§ 5. Unless otherwise provided in article VI. 50, § 2, and of the present article, the consumer is not liable because of the exercise of the right of withdrawal.
S. VI. 52. § 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 concerning credit for consumption, the exercise by the consumer of his right of withdrawal from a contract remotely in accordance with articles VI. 47-VI. 52, § 1, has the effect of automatically terminating any ancillary contract, without charge to the consumer, with the exception of those referred to in article VI. 50, § 2, and in article VI. 51 s. VI. 53. The consumer cannot exercise the right of withdrawal provided for in article VI. 47 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 performed by the company;
2 ° the provision of goods or services whose price depends on fluctuations in the financial market outside the control of the company and which 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 ° the provision of drinks whose price has been agreed at the time of the conclusion of the contract of sale, the delivery can be made only after 30 days and how the actual value depends on fluctuations in the market beyond the control of the company;
8 ° contracts where the consumer expressly asked the company to visit to perform urgent maintenance or repair work. If, on the occasion of this visit, the company provides services in addition to those specifically required by the consumer or other property that the spare parts essential to the maintenance or repair, the right of withdrawal applies to these services or additional property;
9 ° the provision of audio recordings or video sealed or sealed computer software and were unsealed after delivery;
10 ° the provision of a newspaper, a magazine or a magazine except for the contracts of subscriptions to these publications;
11 ° the contracts at a public auction;
12 ° the provision of hosting services for residential purposes, transportation of goods, rental cars, food or services related to leisure activities if the contract provides for a date or a period of specific performance;
13 ° 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;
14 ° paris and lottery services contracts.
Section 2. -Contracts on financial services article remotely
VI. 54. For contracts for financial services comprising an initial agreement on services followed by successive operations or a series of separate operations of the same nature performed over time, the provisions of this section apply only to the initial agreement.
If there is no first convention, but successive or separate similar operations staggered in time are performed between the same parties to the contract, articles VI. 55 and VI. 56 are applicable only when the first operation is performed. However, in cases where no operation of the same nature is performed for more than a year, the next operation is seen as the first of a new series of transactions, to which articles VI. 55 and VI. 56 shall apply.
S.
VI. 55. § 1. In good time before the consumer is bound by a contract or an offer, it must be informed unequivocal, clear and understandable manner, and by any means suitable for the means of communication used remotely, at least on the following: 1 ° the provider has) the identity of the supplier, including its business, its main activity number his geographical address, and any other geographical address to be taken into account for the relationship between the consumer and provider;
(b) where the provider is represented in the Member State in which the consumer has his residence, the identity of that representative and the address to take into account the relationship between the consumer and the representative;

(c) if the consumer has relationships with one company other than the supplier, the identity of this company, the quality in which it acts with respect to the consumer and the geographical address into account in relations between the consumer and the company.
(d) where the activity provider and/or the other company with which the consumer has relations is subject to a licensing scheme, the contact details of the competent supervisory authority;
2 ° the financial service has) a description of the main characteristics of the financial service;

(b) the price total owed by the consumer to the company for the financial service, including all of the remuneration, expenses and expenses costs and all taxes and fees to be paid through the enterprise or, when an exact price cannot be indicated, the basis for calculation of the price enabling the consumer to verify it;
c) where appropriate, the indication that the financial service is related to instruments which involve particular risks because of their specificities or operations to run, or whose price depends on fluctuations in the financial markets on which the provider has no influence, as well as the indication that the performance past cannot give any guarantee as to future performance;
d) the indication of the possible existence of other fees, taxes or charges which are not paid through the company or imposed by it;
(e) any limitation on the period of validity of the information provided;

(f) the modes of payment and enforcement);
(g) any specific additional cost for the consumer of using the means of distance communication, if such additional cost is charged;
3 ° the distance contract has) the existence or absence of the right of withdrawal under article VI. 58. and, if the right exists, its duration and the conditions for exercising it, including information on the amount which the consumer may be required to pay on the basis of article VI. 59, § 1 and the consequences of non-exercise of that right;
(b) the minimum duration of the distance contract, in the event of permanent benefit or financial services periodically;
c) information on the right that may have the parties to terminate the contract early or unilaterally under the terms of the distance contract, including any termination benefits imposed by the contract;
d) practical instructions for exercising the right of withdrawal indicating, inter alia, the address to which the notification should be sent;
(e) the laws on which the company relies to establish relations with the consumer prior to the conclusion of the contract;

(f) any contractual clause on the law applicable to the contract and/or on the competent court;
(g) the language or languages in which the contractual conditions as well as the prior information referred to in this article shall be communicated, and, in addition, the language or languages in which the Company undertakes, in agreement with the consumer, to communicate during the duration of the contract;
4 ° the use;
(a) the existence or absence of out-of-court complaint and redress mechanism for the consumer who is party to the distance contract and, if such procedures exist, the terms and conditions for access.
(b) the existence of guarantee funds or other compensation arrangements, not covered by the law of 22 March 1993 on the status and control of credit institutions and by the law of 17 December 1998 creating a Fund for the protection of deposits and financial instruments and reorganizing the systems of protection of deposits and financial instruments.
The commercial purpose of these information must appear unequivocally.
§ 2. Information on contractual obligations, to be communicated to the consumer in the pre-contractual phase, shall conform to the contractual obligations resulting from the law deemed applicable to the distance in the event of conclusion of the contract.

S. VI. 56. In the case of voice telephony communications, the corporate identity and the commercial purpose of the call shall be indicated clearly and explicitly at the beginning of any conversation with the consumer.
Subject to the explicit consent of the consumer, following only the information must be provided: a) the identity and the quality of the person in contact with the consumer and his link with the supplier;
(b) a description of the main characteristics of the financial service;
(c) the price total owed by the consumer to the company for the financial service, including all of the remuneration, expenses and expenses costs and all taxes and fees to be paid through the enterprise or, when an exact price cannot be indicated, the basis for calculation of the price enabling the consumer to verify it;
d) the indication of the possible existence of other fees, taxes or charges which are not paid through the company or imposed by it;
(e) the existence or absence of the right of withdrawal provided for in article VI. 58. and, if the right exists, its duration and the conditions for exercising it, including information on the amount which the consumer may be required to pay on the basis of article VI. 59, § 1 and the consequences of non-exercise of that right.
The company informs the consumer that other information can be provided on request and shall inform him of the nature of this information. In any case, the company provides complete information when it meets its obligations under article VI. 57 s. VI. 57. § 1.
Timely, and before the consumer is bound by a contract remotely or by an offer, the company communicates all the contractual conditions as well as the information referred to in article VI.
55, § 1, on paper or on another durable medium, made available to the consumer and to which it has access.
§ 2. The company complies with the requirement that onus under paragraph 1 immediately after the conclusion of the contract

remotely, if it has been made, at the request of the consumer, using a technique of distance communication does not allow to transmit the contractual conditions and information in accordance with paragraph 1.
§ 3. At any time during the contractual relationship, the consumer has the right, if asked, to receive the contractual conditions on paper. In addition, the consumer has the right to change the techniques of distance communication used, unless this is inconsistent with the contract concluded remotely or the nature of the financial service provided.
S. VI. 58. § 1. The consumer shall have a period of at least 14 days calendar to retract the contract relating to a financial service remotely. This right is exercised without penalty and without giving any reason.
For the exercise of this right the short time:-is commencing from the day when the distance contract is concluded;
-to be effective from the day the consumer receives the contractual terms and information, in accordance with article VI. 57, § 1 or § 2, if that date is later than that referred to in the first indent.
The time limit is deemed to have been observed if the notification, provided that they have been made in writing or in a durable medium which is available to the recipient and to which it has access, was sent before the expiry of the time limit.
§ 2. The right of withdrawal does not apply: 1 ° to financial services whose price depends on fluctuations in the financial market on which the provider has no influence, and are likely to occur during the withdrawal period.
This applies especially to related services to the:-foreign exchange transactions;
-money market instruments;
-marketable securities;
-units in collective investment undertakings;
-financial ("futures") futures contracts, including equivalent instruments giving rise to a cash settlement;
-futures contracts on interest rates ("FRA");
-swaps ("swaps") or on currency and interest rate swaps on streams related to equities or indices of shares ("equity swaps");

-options to buy or sell the instruments referred to in this point including equivalent instruments giving rise to a cash settlement, in particular options on currency and on interest rates;
2 ° to contracts fully performed by both parties, at the request of the consumer, before the latter exercises his right of withdrawal;
3 ° to contracts of mortgage credit subject to the law of 4 August 1992 concerning mortgage credit.

§ 3. If an another contract relating to financial services provided by a provider or a third party on the basis of an agreement between the third party and the company was attached to a distance on a given financial service, contract this additional contract, without penalty, if the consumer exercises his right of withdrawal referred to in paragraph 1.
S. VI. 59. § 1.
During the withdrawal period, the performance of the contract may begin only after the consent of the consumer.

When the consumer exercises the right of withdrawal under article VI. 58, § 1, he cannot be held to payment, as soon as possible, the financial service actually provided by the supplier under the contract remote.
The amount payable shall not:-exceed an amount in proportion to the importance of the service already provided overall benefits provided by the distance contract;
-in no case be so high that it could be construed as a penalty.
§ 2. The supplier may not require the payment by the consumer based on paragraph 1 unless he can prove that the consumer was duly informed about the amount payable, in accordance with article VI. 55, § 1, 3 °, has. It cannot require payment if he has begun to execute the contract before the expiry of the withdrawal period provided for in article VI. 58, § 1, without the consumer's prior request.

§ 3. The supplier shall refund to the consumer, as soon as possible and no later than within thirty days calendar, all sums received by it in accordance with the distance contract, except for the amount referred to in paragraph 1. This period starts the day the supplier receives the notification of the withdrawal.
§ 4.
Consumer renders to the provider, as soon as possible and no later than within thirty days calendar, any amount and/or any there this last receipt (s). This period runs from the day where the consumer sends the notification of withdrawal.
S. VI. 60. § 1.
The supplier is liable towards the consumer's compliance with the obligations resulting from articles VI. 55 to VI. 57 § 2. In the event of failure to comply with the obligations resulting from articles VI. 55, § 1, 2 ° and 3 °, VI. 56 and VI. 57, the consumer may terminate the contract without any fees or penalties, by letter registered mail and motivated, within a reasonable time from the time where he has knowledge or should have had knowledge of failure to fulfil these obligations.

S. VI. 61. Sending goods and services securities is always at risk from that with which the consumer has contracted.
Section 3. -Provisions common to this chapter s. VI. 62. It is the responsibility of the company to provide proof it has satisfied 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.
VI. 63. The terms and conditions, or combinations of clauses and conditions which have as their object to the consumer the evidence of compliance with all or part of the obligations, in this section, incumbent to the company and, in the case of contracts relating to financial services, vendor, remotely 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 off-premises art. VI. 64. § 1. Before the consumer is bound by a contract off-premises, the company 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 company, including its business number, business name;
3 ° the geographic address where the undertaking is established as well as phone number, fax number and e-mail address, when available, to allow the consumer to contact quickly and communicate with it effectively and, where applicable, the geographical address and the identity of the company on behalf of which it acts;
4 ° if it differs from the address provided under point 3 °, the geographical address of place of business of the company and, where applicable, the company 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 method of calculation of the price and, where appropriate, all additional transport, delivery or postage costs and all the other costs 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 terms of payment, delivery and performance, the date at which the Company undertakes to deliver the goods or perform the services and, if any, laid down by the company 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 VI. 69, 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 VI. 65, § 2, 2nd paragraph, the information that the consumer is required to pay the reasonable costs to the company, in accordance with article VI. 71, § 3;
10 ° where the right of withdrawal is not provided in accordance with article VI. 73, 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 codes of conduct for 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 guarantee payable or to be provided by the consumer at the request of the company, as well as the conditions y;
17 ° where appropriate, the capabilities of digital content, including technical protection measures applicable;
18 ° if applicable, any relevant interoperability of digital content with some hardware or software which the company is or ought reasonably to be aware.
19 ° where appropriate, the possibility of an out-of-court procedure of claim and repair to which the company is subject and the terms of access to it.

§ 2. In the case of a public auction, the information referred to in paragraph 1, 2 °, 3 ° and 4 °, may be replaced by equivalent information on the departmental officer responsible for conducting the operations of the public sale.
§ 3. The information referred to in paragraph 1, points 7 °, 8 °, 9 °, may be provided by using standardized on the withdrawal on the model referred to in annex 1 of this book. The company met the disclosure requirements set out in paragraph 1, 7 °, 8 ° and 9 °, if it has supplied such information to the consumer, properly completed.
§ 4.
The information referred to in paragraph 1 are an integral part of the contract off-site and may not be amended, unless the contracting parties decide otherwise expressly.
§ 5. If the company 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.
§ 6. The burden of proof regarding compliance with the disclosure requirements set out in this section is the responsibility of the company.
§ 7. The King can, in relation to contracts off-premises by which the consumer explicitly appealed to the services of the company to carry out repair or maintenance work, and under which the company and the consumer immediately perform their contractual obligations and the payment by the consumer not more than not 200 euros, establish exemptions to the obligation to provide information laid down in paragraph 1.
S. VI. 65. § 1. The company provides the information provided for in article VI. 64, § 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 company 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 VI. 73, 13 °.
When a consumer wants that provision of a service or supply of water, gas or electricity, when they are not packaged in a volume delimited or fixed amount, or district heating begins during the withdrawal period provided for in article VI. 67, § 2, the company requires the consumer to it makes the express request on a durable medium.
S. VI. 66. Do not fall under the application of this chapter: 1 ° the sales of foodstuffs, beverages or other goods intended for everyday consumption, delivered physically by a company, during tours of frequent and regular at the home, place of residence or work of the consumer.
2 ° contracts of insurance;
3 ° the sales organized within the framework of non-commercial character and events at exclusively philanthropic goal, with the conditions laid down in application of the law of 25 June 1993 on itinerant activities and the Organization of public procurement, and provided that the amount does not exceed 50 euros. The King may adapt this amount to as much as it does not exceed 50 euros;
4 ° the consumer credit contracts subject to the consumer credit legislation.
S. VI. 67. § 1. Without prejudice to article VI.
73, the consumer of a 14 day period to withdraw off-premises contract, without having to justify its decision and without incurring other costs than those provided for in article VI. 70, § 1, paragraph 2, and article VI. 71 § 2. Without prejudice to article VI. 68, the withdrawal period referred to in paragraph 1, shall expire after a period of 14 days: 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.
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. VI. 68. If the company fails to inform the consumer of his right of withdrawal as required by article VI. 64, § 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 VI. 67, § 2.
The company 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 VI. 67, § 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.
VI. 69. § 1. The consumer informs the undertaking before the expiry 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 VI. 67, paragraph 2, and article VI. 68, if he addresses the communication regarding the exercise of the right of withdrawal before the expiry of this period.
§ 3. The company 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 company, or the form template of withdrawal set out in annex 2 of this book, is a statement devoid of ambiguity.
In these cases, the company 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. VI. 70. § 1. The company shall reimburse all payments received on the part of the consumer, including, where appropriate, delivery charges, without undue delay and in any case 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 VI. 69. the company 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 means of payment and provided that the refund does not charge to the consumer cause.
§ 2. Notwithstanding paragraph 1, the company 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 company.

§ 3. With regard to contracts for the sale, unless it proposes to recover itself property, the company 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.
VI. 71. § 1. Unless the company does to recover itself these goods, the consumer Returns or makes goods to the company 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 company in accordance with article VI. 69. this deadline is met if the consumer returns the goods before the expiration of the period of fourteen days.
The consumer only supports the direct costs associated with the return of goods, unless the company agrees to take his load or failed to inform consumers that it must take care.
When the goods have been delivered to the domicile of the consumer at the time of the conclusion of the contract, the company 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 the assets when the company failed to inform him of his right of withdrawal in accordance with article VI. 64, § 1, 7 °.
§ 3. When the consumer exercises his right of withdrawal after having submitted a request in accordance with article VI. 65, § 2, paragraph 2, it pays to the company an amount which is proportional to what was provided up to the point where he informed the company of 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 enterprise is calculated based on 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 or for the provision of water, gas or electricity, when they are not packaged in a volume delimited or fixed amount, or district heating, in whole or in part, during the withdrawal period, when: a) the company has failed to provide the information referred to in article VI. 64, § 1, 7 ° and 9 ° or b) when the consumer has not expressly requested execution begins during the period of withdrawal in accordance with article VI. 65, § 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 VI. 67; or (b)) the consumer did not recognize lose his right of withdrawal by giving its consent; or c) the company has not met the obligations referred to in article VI. 65, § 2.
§ 5. Unless otherwise provided in article VI. 70, § 2, and of the present article, the consumer is not liable because of the exercise of the right of withdrawal.
S. VI. 72, § 1. The exercise of the right of withdrawal has the effect of extinguishing the obligation of the parties: 1 ° to perform the contract off-premises, or 2 ° of the contract off-premises, 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 off-site in accordance with articles VI. 67 at VI. 71, has the effect of automatically terminating any ancillary contract, without charge to the consumer, with the exception of those referred to in article VI. 70, § 2 and article VI. 71 s. VI. 73. The consumer cannot exercise the right of withdrawal provided for in article VI. 67 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 performed by the company;
2 ° the provision of goods or services whose price depends on fluctuations in the financial market outside the control of the company and which 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 ° the provision of drinks whose price has been agreed at the time of the conclusion of the contract of sale, the delivery can be made only after 30 days and how the actual value depends on fluctuations in the market beyond the control of the company;
8 ° contracts where the consumer expressly asked the company to visit to perform urgent maintenance or repair work. If, on the occasion of this visit, the company provides services in addition to those specifically required by the consumer or other property that the spare parts essential to the maintenance or repair, the right of withdrawal applies to these services or additional property;
9 ° the provision of audio recordings or video sealed or sealed computer software and were unsealed after delivery;
10 ° the provision of a newspaper, a magazine or a magazine except for the contracts of subscriptions to these publications;
11 ° the contracts at a public auction;
12 ° the provision of hosting services for residential purposes, transportation of goods, rental cars, food or services related to leisure activities if the contract provides for a date or a period of specific performance;
13 ° 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;
14 ° the contracts relating to the construction of new buildings and the major transformation of existing buildings.
S.
VI. 74. The offer for sale and sale of products by means of itinerant activities is permitted only insofar as it respects the legislation relating to these activities. For the remainder, the provisions of this book are applicable.
CHAPTER 4. -Public sales art. VI. 75. § 1. Are subject to the provisions of this chapter, offers for sale and sales public to the consumer, or auction, either the discount, and the exhibition, with a view of such sales of manufactured goods, with the exception however of the offers for sale and sales: 1. non-commercial nature;
2 dealing with objects of art or collection - excluding carpets and jewellery -, or antiques;
3. made in execution of a statutory provision or a judicial decision;
4. in the event of judicial reorganisation or bankruptcy;
5. made using a means of distance communication.

§ 2. The King may prescribe special detailed rules for the offers in sale and auction of goods that it determines.
S. VI. 76. § 1. Offers for sale and auctions within the meaning of article VI. 75 are allowed only when they relate to used goods.
§ 2. Deemed is used, any showing apparent use signs, unless the apparent signs of use are the exclusive result of treatment of aging artificial, as well as any property of which the company can prove that it has already been used in a normal way.
S.
VI. 77. The King may, for listed property, authorise derogations from the provisions of article VI. 76, § 1st, when the offer for sale or the sale of these goods by other processes of sale proves difficult or impossible.
S. VI. 78. Offers for sale and auctions within the meaning of article VI. 75 can only take place in rooms exclusively used for that purpose unless granted derogation, if necessary by the Minister or the officer designated by him for that purpose.
Any organizer offering a sale or a public sale is responsible for compliance with the provisions of paragraph 1 and article VI. 76. the organiser mentions, in a readable manner, his name, first name or its name, domicile or headquarters and its business in any advertising, publicity or any document number pertaining to the offer for sale and public sale.
S. VI. 79. The departmental officer responsible for conducting the operations of public sale should deny support to operations that fail to comply with the provisions of this chapter.
CHAPTER 5. -Of the joint offer art. VI. 80. Without prejudice to article VI. 81, offer joint to the consumer is allowed for as much as it does not constitute an unfair commercial practice within the meaning of articles VI. 93 and following.
S. VI. 81.
§ 1. Any joint offer to the consumer, at least one of the elements which is a financial service, and which is carried out by an undertaking or by different companies acting with a common purpose, is prohibited.
§ 2. By way of derogation from paragraph 1,

It is however allowed to jointly offer: 1 ° of financial services which form a whole;
The King may, on proposal of the competent Ministers and Finance Minister, designate the services offered in the financial sector which are set;
2 ° financial services and the menus property and menus services accepted by commercial usage;
3 ° financial services and securities legally authorised lotteries;
4 ° of financial services and objects coated with advertising inscriptions indelible and clearly apparent, which cannot be found as such in the trade, provided that their price of acquisition by the company exceed 10 euros, excluding VAT, or 5% of the price without VAT, financial service with which they are assigned. The percentage of 5% applies if the amount corresponding to the percentage is greater than 10 euros;
5 ° financial services and chromos, thumbnails and other images with minimal commercial value;
6 ° of financial services and securities consisting of giving documents right after acquisition of a number of services, a free offer or a price reduction on the acquisition of a similar service, for as much as this benefit is provided by the same company and do not exceed not a third of the price of services previously acquired.
Titles should mention the possible limit of their period of validity, as well as the terms and conditions of the offer.
When the company stops its offer, the consumer must obtain the benefit offered in proportion to earlier purchases.
CHAPTER 6. -Unfair s.
VI. 82. 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 VI. 37, § 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. VI. 83. In contracts between a company 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 company 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 company to unilaterally increase the price or to modify the conditions at the expense of the consumer on the basis of elements that depend on willingness alone, unless the consumer has the right, in all these cases, until the new prices or new conditions apply to terminate the contract without charge or damages and without him allow a reasonable time for this purpose.
Are however allowed and valid: has) escalation of prices for provided that they are not illegal and that the price adjustment mode is explicitly described in the contract.
b) clauses whereby the financial services company reserves the right to change the rate of interest payable by the consumer or due to it, without prior notice in the event of a valid reason, provided that may be charged to the company the obligation to inform the consumer as soon as possible and be free to immediately terminate the contract;
3 ° determine, within the fixed term contracts, the price of the products is fixed at the time of delivery or allow the company to unilaterally increase the price or to modify the conditions at the expense of the consumer on the basis of elements 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 ° book to the company the right to unilaterally change the characteristics of the product to be delivered, if these characteristics are essential for the consumer or for the use for which the consumer designed the product, provided at least that this use has been communicated to the company and accepted by it or that, absent such specification, this usage has been reasonably foreseeable;
5 ° set or unilaterally change the period of delivery of a product.
6 ° grant to the company the right to determine unilaterally if the delivered product conforms to the contract, 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 company 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 company 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 company would not run its own or would be in default to perform
10 ° without prejudice to article 1184 of the civil Code, authorize the company 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 company 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 company from liability 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 report the company to the defects in the delivered product;
16 ° prohibit the consumer to compensate his debt to the company by a debt it would have on it;
17 ° determine the amount of compensation payable by the consumer who does not perform its obligations, without providing compensation in the amount of the same order to borne by the undertaking which 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 means of recourse against the company;
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 company;
25 ° excluding or limiting the legal liability of the company in the event of death of the consumer or of bodily injury caused to it and resulting from an act or omission of the company;
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 ° enable the company 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 collect compensation in an amount equivalent on the part of the enterprise when it is the latter who renounces;
28 ° enable the company to retain sums paid by the consumer when it is the company itself, which terminates the contract;
29 ° limit the obligation of the company 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 company or another party in the event of total or partial failure or defective performance by the company

of any of its contractual obligations;
31 ° provide the possibility of assignment of the contract on the part of the enterprise, when this session 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. VI. 84. § 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.
VI. 85. 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 company 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. VI. 86. § 1.
The unfair terms Commission knows clauses and conditions used in offers for sale and sales of products between companies and consumers.
§ 2. The Commission may be seized by the Minister, by consumer organisations, and professional and Interprofessional groups concerned.
It can also take up Office.
§
3. The King determines the composition of the Commission.
S. VI. 87. § 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 terms or conditions used in offers for sale and sales of products between companies 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.
VI. 88. During the sale, any undertaking is required 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.
VI. 89. § 1. Any business 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 VI. 3, § 2, or when is issued an estimate or an invoice comprising the particulars referred to in paragraph 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, notwithstanding paragraph 1, for the services or classes of services it determines, require the company to issue free to the consumer a voucher which it determines the terms and conditions.
§ 3. Orders made pursuant to paragraph 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. VI. 90. The consumer is required to pay the services provided to the requested voucher discount when this discount is imposed by article VI. 89 CHAPTER 9. -Renewal of the contract article VI. 91. § 1. This chapter applies to the service contract and the contract of sale relating both to goods and services.
When a contract term between a company 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 tacit renewal of the 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 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 sets of specific rules on the tacit renewal of contracts, 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 obligations referred to in paragraphs 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. -Banned practices Chapter 1. -Unfair commercial practices with regard to consumers Section 1st. -Scope art.
VI. 92. This section applies to unfair commercial practices by businesses to consumers before, during and after the offer for sale and sale of products.
Section 2. -Unfair commercial practices article flagrant 93 a commercial 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 commercial practice which is likely to alter substantially the economic behaviour of a single clearly identifiable consumer group, 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 the company 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.
VI. 94. Are unfair business practices by businesses against consumers who: 1 ° are misleading within the meaning of articles VI. 97-VI. 100, or 2 ° are aggressive within the meaning of articles VI. 101-VI. 103 s. VI. 95. Unfair commercial practices by businesses against consumers are prohibited.
S. VI. 96. Is also prohibited, any act or omission contrary to the laws protecting the interests of consumers - i.e. 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 the enforcement

of legislation on the protection of consumers or the guidelines also set out in annex above as they have been transposed - that infringes or is likely to infringe the collective interests of consumers residing in another EU Member State than that where the Act or omission in question originated or took place, in the territory of which the undertaking or the accountable supplier is established or where to find evidence or assets related to the Act or omission.
Section 3. -Deceptive trade practices s.
VI. 97. A commercial practice shall be 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 company, the motivation of commercial practice and the nature of the sales process, as well as any suggestion or any symbol into believing that the company or 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 rights of the company 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. VI. 98. Is also deemed misleading, a commercial 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 ° failure to comply with the undertaking 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 company, as part of a commercial practice, indicates that it is bound by the code.
S. VI. 99. § 1. A commercial 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 commercial practice whereby an enterprise conceals substantial information referred to in paragraph 1, supplies it so unclear, unintelligible, ambiguous or setbacks, or does not its commercial intent as 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 commercial 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 company 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 company, and, where applicable, the geographical address and the identity of the company 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 of transport, delivery and postal 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. VI. 100. Are unfair business practices, in all circumstances, deceptive marketing practices which have as their object of: 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 company, including its business practices, or that a product has been authorized, approved or authorized by a public body or private while this is not the case or without complying with the conditions for authorisation, approval or permission received;
5 ° propose the purchase of products at a price specified without revealing the plausible reasons that could have the company thinking that it will not provide itself, or be supplied by another company, the products in question or equivalent products at the indicated price, for a period and in quantities that are reasonable account taken of the product, the scale of advertising 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, the company has contacted 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 characteristic to the proposal made by the company;

11 ° using editorial content in the media to promote a product, while the company has paid itself, without making that clear in the content or by images or sounds clearly identifiable by the consumer;
12 ° to formulate factually inaccurate statements with regard to the nature and extent of the risks to which exposes

the consumer in terms of his personal safety or that of his family if he 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 company is about to cease its activities or establish them elsewhere, while such is not the case, without prejudice to articles VI. 22 et seq.;

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;
in the context of a commercial practice, 19 ° affirming 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 item.
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 company 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 commercial practices article
VI. 101. A commercial 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. VI. 102. To determine whether a commercial 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 the commercial practice;
2 ° the use of verbal or physical threat;
3 ° the operation informed by the company 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 ° contract, paying or disproportionate obstacles imposed by the company when the consumer wants to enforce its contractual rights, and in particular to end the contract or to change product or business;
5 ° any threat of action so that this action is not legally possible.
S. VI. 103. Are unfair trade practices in all circumstances, the aggressive commercial 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 company 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 VI. 110; 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 company 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 company will be threatened;
8 ° give the false impression that the consumer has already won or will win, subject or non-completion of a formality, a prize or other equivalent benefit, - while, in fact, there is no prize or other benefit equivalent, - 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. -Market practices unfair with respect to persons other than consumers s. VI. 104. Is prohibited, any act contrary to the honest market practice whereby a company infringes or may infringe the professional interests of one or more other undertakings.
S. VI. 105. Without prejudice to other legal or regulatory provisions, prohibited any advertising of a company which: 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 their nature, their performance, their composition, mode and the date of manufacture or provision, the 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, results and 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 company, such as its identity, its heritage, skills 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 injure a business;
2 ° has derogatory elements with respect to another undertaking, its property, its services or its activity;

3 ° allows without legitimate reason to identify one or more other undertakings;
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. VI. 106. Without prejudice to other legal or regulatory provisions, prohibited any advertising of a company which: 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 true commercial intent, since it is not clear from the context.
S. VI. 107. It is forbidden to any company to prospect, either directly or through a payment form, order form, invoice, bid, General conditions, a proposal of correction or any other similar document, advertisers with a view to be included in guides, files of addresses, telephone directories or lists or similar files indicate explicitly that this survey is a paid contract offer, without mention 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.
VI. 108. It is prohibited any company 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 prohibited to any company

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. VI. 109. It is forbidden to create, operate or promote a pyramid promotion system in which a company pays a contribution in Exchange for the opportunity to collect a counterparty instead from the entry of new companies into the system than from the sale or consumption of products.
CHAPTER 3. -Unwanted communications arts. VI. 110. § 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 of articles VI. 111-VI. 115 s.
VI. 111. § 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 a Subscriber, as referred to in paragraph 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 the 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. VI. 112. § 1.
Any phone call for reasons of direct marketing to a phone number that is listed in the file referred to in article VI. 111, § 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 prohibition referred to in paragraph 1 does not apply to calls to numbers of telephone subscribers who have given their express agreement to persons who make telephone calls for reasons of direct marketing or on behalf of which such appeals are made, to use their personal data for such purposes.
S. VI. 113. 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.
VI. 114. § 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 VI. 111, § 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 VI. 111, § 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 organisation which incorporates all the operators referred to in article VI obligations. 111. 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 VI. 111, § 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. VI. 115.
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.
CHAPTER 4. -Selling at a loss art. VI. 116. § 1.
To ensure honest practices of the market between companies, it is prohibited any firm offer for sale or sell assets at a loss.
Is considered to be a sale at a loss, any sale at a price that is not at least equal to the price at which the company bought the property or that the company should pay during the replenishment, after deduction of any discounts granted and permanently acquired, as well as volume discounts not permanently acquired calculated on the basis of 80% of the reduction on volume that the company gained the previous year to the same property. To determine the existence of a sale at a loss, the reductions granted exclusively or not, in Exchange for commitments of the company other than the purchase of goods is not be taken into account.
§ 2. When offered joint of several goods, whether identical or not, the prohibition referred to in paragraph 1, paragraph 1, applies only when the offer as a whole constitutes a sale at a loss.
S.
VI. 117. § 1. The prohibition contained in article VI. 116, § 1, paragraph 1, however, is not applicable: 1 ° for goods sold in liquidation or sold on sale;
2 ° for goods whose retention can no longer be ensured;

3 ° for goods than the company, due to external circumstances, cannot reasonably sell at a price equivalent to or higher than their purchase price;
4 ° for goods whose selling price is aligned, because the needs of competition on the price charged by good competition for the same or for a good competitor.
§ 2. The contractual clauses prohibiting selling at a loss to the consumer shall not apply to one who sells the property in the cases referred to in paragraph 1.
TITLE 5. -Collective agreements of consumption articles
VI. 118. § 1. Collective consumption agreements may concern the general terms and conditions which will be offered to consumers, the information that will be provided for them, trade promotion modes, elements relating to quality, compliance and the safety of goods and services, and modes of settlement of consumer disputes.

§ 2. The collective agreement of consumption determines its scope of application, the date of its entry into force and its duration.
The collective agreement of consumption does not apply to ongoing contracts, unless otherwise and provided that it is more favourable to the consumer.
The collective agreement of consumption determines the manner in which information concerning the agreement are given both to businesses and consumers.
§ 3. If necessary, the collective agreement of consumption regulates its revision and extension.
It establishes also conditions its denunciation by all or a portion of the signatory or acceding, as well as the period of notice, which shall not be less than six months.
S. VI. 119. Consumer collective agreements are negotiated and signed within the Consumer Council.
The request to negotiate a collective agreement of consumption is introduced by a member of the Consumer Council or by a member of the Government.
If the application concerns a sector which is not represented in the Consumer Council, the companies or their representatives are invited.
The collective agreement of consumption cannot be concluded without their approval.
The collective agreement of consumption must be subject to a unanimous of the Consumer Council, both to start negotiations to conclude an agreement.
A specific cell is created within the secretariat of the Consumer Council to provide the secretariat of the collective agreements of consumption and to keep a record of these.
A rules of procedure sets out the procedure to follow, so

that the attendance quorum required within each group of the Consumer Council, to take decisions unanimously. It must be approved by the King, by a decree deliberated in the Council of Ministers.
S. VI. 120. The general terms and conditions determined in collective agreements of consumption should be previously submitted for an opinion to the unfair terms Commission, which shall deliver its opinion within three months. After this time, the collective agreement of consumption can be concluded.
S. VI. 121. The collective agreement of consumption is transmitted to the Government by the Minister.
In the absence of objection by a member of the Government within a period of 15 days, it is published in the Moniteur belge.
In the event of opposition by a member, it is listed on the agenda of the next Council of Ministers.
Absence of validation by the Council of Ministers, the collective agreement of consumption becomes moot.
Any modification, renewal or denunciation of a collective agreement of consumption is submitted to the Council of Ministers, and then published in the Moniteur belge.
S. VI. 122. Signatories and members of a collective agreement of consumption shall ensure its proper implementation.
The collective agreement of consumption how consumer complaints are dealt with.
Failure to comply with a collective agreement of consumption by a company can be considered an unfair trade practice to the consumer within the meaning of title IV, Chapter 1.
S. VI. 123. The King, by Decree deliberated in the Council of Ministers, may, on the unanimous advice of the Consumer Council, impose on the set of a sector the application of a collective agreement of consumption which the scope is national.

TITLE 6. -Special provisions regarding registered names art.
VI. 124. § 1. Registered names shall be protected against any: has) direct or indirect commercial use of a name registered for products not covered by the registration insofar as those products are comparable to those registered under that name or insofar as where this use allows to take advantage of the reputation of the protected name;
(b) misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated or accompanied by an expression such as "kind", "type", "method", "way", "imitation" or similar expression;
(c) other false or misleading indication as to the provenance, origin, nature or essential qualities of the product on the wrapping or packaging, advertising or any documents relating to the product concerned, as well as against the use for the packaging of a container liable to convey a false impression about the origin;
(d) other practice liable to mislead the consumer as to the true origin of the product.
(Where a registered name contains in itself the name of a product considered generic, the use of that generic name on the products is not regarded as contrary to paragraph 1, a) or (b)).
§
2. Registered names may not become generic.
S. VI. 125. Where the judge finds an infringement of the rules relating to registered names, he ordered the cessation of any copyright infringement.
The judge may also make an order for termination against intermediaries whose services are used by a third party to infringe the rules relating to registered names.
S. VI. 126. § 1.
Without prejudice to any damages and interest due to the injured party due to the infringement and without compensation of any kind, the judge may order, at the request of the party authorized to act for infringement, the recall of the commercial circuits, away final commercial circuits or the destruction of the infringing goods and, in appropriate cases materials and instruments principally used in the creation or manufacture of these goods.
These measures are implemented at the expense of the infringer, unless particular reasons oppose.
When assessing a request referred to in paragraph 1, account shall be taken of proportionality between the gravity of the infringement and the measures ordered, as well as the interests of third parties.
§
2. When proceedings, the judge finds a violation, it may order, at the request of the party authorized to act for infringement, the infringer to provide to the party who commenced this action all the information at its disposal concerning the origin and distribution of goods or infringing services and it systems communicate all data thereto So whether it's a measure justified and proportionate.
An injunction may be made to the person who was found in possession of the infringing goods across commercial, which has been found trying to use infringing services on a commercial scale or which was found providing on a commercial scale services used in infringing activities.

§ 3. The judge may order that its decision under this article or under article VI. 125, or the summary that is displayed during the period as it may determine, both outside and inside the establishments of the offender and order the publication of judgement or his summary through newspapers or in any other way, all at the expense of the offender.
S. VI. 127. § 1. The injured party is entitled to compensation for any damage incurred due to an infringement of article VI. 124 § 2. When the extent of the damage cannot be determined in any other manner, the judge may, reasonable and fair manner, attach a lump sum for damages.
The judge may, as damages, order issued to the plaintiff of infringing goods, and, in appropriate cases, materials and instruments principally used in the creation or manufacture of these goods, and which are still in the possession of the defendant.
If the value of such goods, materials and instruments exceeds the extent of actual damages, the judge fixed the balance to be paid by the applicant.
In case of bad faith, the judge may, as damages, order the transfer of all or part of the profit realized as a result of the infringement, as well as accountability in this regard. Only expenses directly related to the activities of infringement concerned shall be deducted in determining income to yield.
TITLE 7. -Provisions finals s.
VI. 128. The King exercises powers to him by the provisions of Book VI, tracks 1, 2, 3, 4, chapters 1 and 3, and title 5, on the joint proposal of the Ministers who have the economy, the middle class and consumption in their attributions.
The King has powers to him by the provisions of Book VI, Title 4, chapters 2 and 4, on the joint proposal of the Ministers who have the economy and the middle class in their attributions.
When measures to be taken in execution of Book VI, refer to goods or services which, in the areas covered by the titles 1 to 5 are regulated or likely to be regulated at the initiative of other Ministers who have the economy, the Middle Classes and consumption within their remit in accordance with paragraphs 1 and 2, 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 fields referred to in titles 1-5, measures to be taken at the initiative of other Ministers who have the economy, the Middle Classes and consumption in their powers, concern goods or services regulated or likely to be regulated in pursuance of this book."
S. 4. in book XV, title 1, Chapter 2, of the same Code, there shall be inserted a section 1st, read as follows: "Section 1st.
The expertise for research and finding of infringements in Book VI s.
XV. 11. § 1. The offences referred to in article XV.83, paragraph 2, can be searched and found both agents referred to in article XV. by those referred to in article 11 of the Act of 24 January 1977 on the protection of the health of consumers in what concerns foodstuffs and other products.
§ 2. When violations of the provisions of Book VI or its execution orders relate to financial services, they can be researched and noted both by the officers referred to article XV.2 than by the FSMA with respect to companies subject to his control or whose operations or products are subject to its control.
Afin_d' the control referred to in paragraph 1, the FSMA may exercise the powers referred to in articles 34, § 1, 1 °, a) and b), 36, 36A and 37 of Act of 2 August 2002 on the supervision of the financial sector and financial services.
The federal public Service economy and the FSMA shall inform each other findings they do and measures they are taking over the offences referred to in paragraph 1.
S. XV. 12. § 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. 13. § 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.3 offences. 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. 14. 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.83, 7 °, 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. 15. In the event of breach of the provisions of Book VI, title 3, Chapter 4, the agents referred to in article XV. 2 and judicial police officers may draw up minutes. A copy of this record was delivered or notified to the organizer or his agent by registered letter.
In this case, aforementioned agents can order verbally and place the prohibition of the sale of goods in the minutes or discontinuation of this sale.
They may carry out, as a precaution, to seizure of property subject to the offence, in accordance with the provisions of article XV. 4 s. XV. 16. The Minister or officer referred to article XV.2 may request a business she brings evidence concerning the accuracy of the factual data that communicates in a commercial practice.
The company must 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 officer commissioned for this purpose can be considered commercial practice as contrary to the provisions of Book VI, Title 4.
S. 5. in book XV, title 3, Chapter 2, of the same Code, there shall be inserted a section 4, as follows: "Section 4. The penalties relating to offences in Book VI s. XV. 83. Shall be punished by a penalty of level 2, those who commit an offence under the provisions: 1 ° of articles VI. 3 VI. 6 relating to the indication of prices and orders made pursuant to article VI. 7;
2 ° of article VI. 8 on the designation, composition and labelling of products and orders made pursuant to articles VI. 9 in VI. 10;
3 ° of article VI. 11-VI. 15 relating to the indication of the quantity and the orders made pursuant to article VI. 16;
4 ° of article VI. 18 and VI. 19 relating to the reference to its own price applied previously and orders made pursuant to articles VI. 20 and VI. 21;
(5) articles VI. 22 and VI. 23 relating to liquidation sales;
6 ° of articles VI. 25-VI. 29 on balances sales and the waiting period;
7 ° of article VI. 39 in the matter of the presentation to the consumer, for signature, a bill of Exchange;
8 ° of articles VI. 45-VI. 63 relating to distance contracts;
9 ° of articles VI. 64 to VI.
74 relating to contracts outside institutions;
10 ° of article VI. 79 requiring judicial officers, responsible for conducting the auction, an obligation to refuse their aid in certain circumstances;
11 ° of articles VI. 88 and VI. 89 relating to the purchase order and to the supporting documents and orders made pursuant to articles VI. 88 and VI. 89;
12 ° of the taken orders in fulfilment of article VI. 118 pertaining to collective agreements of consumption;
13 ° of articles VI. 95, VI. 100 and VI. 103 relating to unfair commercial practices with regard to consumers, with the exception of articles VI. 100, 12 °, 14 °, 16 ° and 17 °, and VI. 103, 1 °, 2 ° and 8 °;
14 ° of article VI. 107 relating to the prohibition of unfair market practices aimed at prospecting advertisers;
15 ° of article VI. 108 relating to purchases forced in respect of companies;
16 ° of articles VI. 110 to VI. 115 relating to notifications unwanted;
17 ° of the taken orders in fulfilment of article VI. 1, § 2;
18 ° of European Union regulations that supersede the provisions of Book VI or its orders for execution.
However, when an offence under the orders of execution referred to in article VI. 9 is also an offence to the law of 24 January 1977 on the protection of the health of consumers in relation to food and other products, the penalties provided for by the latter Act are only applicable.
S. XV. 84. The punishment of a fine of level 3, those who, in bad faith, commit an offence under the provisions of Book VI 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 VI.
104 s. XV. 85. 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. 86. The punishment of a fine of level 6, those who commit an offence under articles VI. 100, 12 °, 14 °, 16 ° and 17 °, and VI. 103, 1 °, 2 ° and 8 ° relating to unfair commercial practices and in article VI. 109 s. 6a article XV. 131 of the Code of economic law the word "VI", is inserted between the words 'books' and 'VIII and IX'.
CHAPTER III. -Amending provisions and repealing article 7. article 45, § 1, paragraph 1, of Act of 2 August 2002 on the supervision of the financial sector and financial services, replaced by the royal decree of 3 March 2011, is complemented by a 7 °, as follows: "7 ° to contribute to respect for the provisions of Book VI of the Code of economic law and its implementation orders, relating to financial services as referred to in book I of the same Code by undertakings subject to its control or operations or products subject to its control."
S. 8. the Act of April 6, 2010 the market practices and the protection of the consumer, modified as last amended by the law of July 10, 2012, is hereby repealed, with the exception of articles 110 to 118.
S. 9. in article 69, paragraph 3, of the Act of July 30, 2013 is to strengthen the protection of users of financial products and services, as well as the powers of the authority of financial markets and services, and provisions various (I), the words "1 January 2014" shall be replaced by the words "30 April 2014".
CHAPTER IV.
-Provisions transitional art. 10. regulatory arrangements in mediating of the Act of 14 July 1971 on practices of the law of 14 July 1991 on trade and on information practices and the protection of the consumer and trade remain in force until their express repeal.
Infringements of the provisions of orders made pursuant to the Act, on February 9, 1960, allowing the King to regulate the use of the names under which the goods are put in the trade, the Act of 14 July 1971 on practices of the law of 14 July 1991 on trade and on information practices and the protection of the consumer and trade are sought found and punished in accordance with the XV and XVII of the Code of economic law books.
Chapter V. - Allocation of competencies art. 11. the laws and orders of existing execution that make reference to the provisions referred to in article 8, are presumed to refer to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 12. the King may replace references in laws or existing orders the provisions referred to in article 8 and if necessary the law of 14 July 1991 on trade and practices on information and the protection of the consumer and the law of 14 July 1971 on trade practices, with references to the equivalent provisions of the Code of economic law such as inserted by this Act.
S. 13. 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 VI. -Entry into force art. 14. the King sets the date of entry into force for each of the provisions

of this Act and each of the provisions inserted by this law in economic law.
Section 9 comes into force the day after the publication of this Act in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, December 21, 2013.
PHILIPPE by the King: the Minister for the economy and consumers, J. VANDE LANOTTE the Minister of finance, K. GARG the Minister of Middle Classes, SMEs and the self-employed, Mrs Sabine LARUELLE Scellé the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note records of the House of representatives: 53-3018-2012/2013: No. 1: Bill.
53 - 3018 - 2013/2014: Nos. 2 and 3: amendments.
No. 4: report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary meeting and transmitted to the Senate.
Full report: November 28, 2013.
The Senate documents: 5 - 2361 - 2013/2014 No. 1: project referred by the Senate. -No. 2: amendments. -No. 3: report. -No 4: Decision of not not fines.
Annals of the Senate: 12 December 2013.

' Annex 1 to Book VI of the code of economic law information standardized on the withdrawal right of withdrawal you have the right to retract you of 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.
1. 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) 2.
Instructions for completing the information (1) insert one of the following quotes passages: has) 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: "of 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 consignments or parts: "where you, or a third party other than the carrier and designated by you, physically takes possession of the last lot or the final piece.";
(e) if it is a contract for regular delivery of property over a specified period of time: "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 (e.g., email)."
(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 delay the refund until we have received the good, 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: a) 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 will have 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 engaged 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 will need to 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 VI Code of model withdrawal form economic law (please complete and return this form only if you want to retract you contract)-the attention of [company 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 the provision of service (*) below - ordered (*) / receipt" "()) - name of (des) consumer (s) - address of (a) consumer (s) - Signature of (des) consumer (s) (only in the case of notification of the present form on paper) - Date (*) strike out the inapplicable.".