Posted the: 2010-04-12 Numac: 2010011166 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy April 6, 2010. -Law on market practices and the protection of the consumer (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
Chapter 1. -Definitions and general principles article 2. for the purposes of this Act, means: 1 ° undertaking: any natural person or legal entity pursuing an economic objective in a sustainable manner, including its associations;
2 ° holder of a liberal profession: any company that is not shopping within the meaning of article 1 of the Commercial Code and is subject to a disciplinary body created by law;
3 ° consumer: any natural person who acquires or uses purposes excluding any professional character of products placed on the market;
4 ° products: goods and services, immovable property, rights and obligations;
5 ° goods: tangible personal property;
6 ° service: any service performed by a company in its professional activity or in pursuance of its statutory object;
7 ° 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;
8 ° 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;
9 ° 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;
10 ° registered name: has) for agricultural products and foodstuffs: the protected designation of origin or the indication of origin available to agricultural products and foodstuffs pursuant to Regulation (EC) No 510/2006 of the Council of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs;
(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;
11 ° goods sold in bulk: goods are not subject to any packaging and which are measured or weighed by the consumer or in his presence;
12 ° goods sold in the piece: assets that may be subject to a split without changing the nature or properties.
13 ° 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;
14 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;
15 ° measurement unit: unit that corresponds to the definitions in the Act of 16 June 1970 on units, standards and measurement instruments and those of its orders of execution;
16 ° Packer: the person who actually packages goods for offer for sale;
17 ° conditioner: the person who determines the property to offer for sale;
18 ° nominal quantity: the weight or volume indicated on a prepackage and corresponding to the net quality which the prepackage is deemed to contain.
19 ° advertising: any communication aimed directly or indirectly to promote the sale of products regardless of location or means of communication being implemented;
20 ° comparative advertising: any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor;
21 ° distance contract: any contract concerning goods or services concluded between a company and a consumer under a system of sale of goods or services remotely organized by the company, which for this contract, uses exclusively one or more means of distance communication until the conclusion of the contract, including the conclusion of the contract itself.
22 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;
23 ° 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;
24 ° financial service: any service relating to the Bank, credit, insurance, individual pensions, investments and payments;
25 ° durable medium: any instrument which enables the consumer to store information addressed to him personally a way accessible for future reference for a period of time adequate to the purposes of the information and which allows reproduction identical to the stored information; reference
26 ° provider: any undertaking which is the contractual provider of services subject to distance contracts;
27 ° joint offer: offer binding to the acquisition of goods and services, free or not, the acquisition of other goods or services;
28 ° 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.
29 ° 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;
30 ° 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;
31 ° code of conduct: an agreement or set of rules that are not imposed by laws, regulations or administrative provisions and which define the behavior of companies who undertake to be bound by him in what concerns one or more commercial practices or one or more sectors of activity.
32 ° 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;
33 ° 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;
34 ° 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.
35 ° 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;
36 ° 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;
37 ° days: all days calendar excluding Sundays and legal holidays. If the period expressed in days expires on a Saturday, it is extended until the day following;
38 ° the Minister: the Minister who has the economy in charge.
S. 3 § 1.
This Act does not apply to securities and other financial instruments covered by legislation concerning financial transactions and financial markets.
However, in the conditions and taking into account the adjustments that it determines, the King may declare certain provisions of this Act applicable to securities and other financial instruments above or classes of them.
§ 2. This Act does not apply to holders of a liberal profession, dentists and physiotherapists.
CHAPTER 2. -Market Section 1 General Obligation to s. consumer information information 4. no later than at the time of the conclusion of the contract, the company must make in good faith to the consumer useful and accurate information relating to the main features of the product and the conditions of sale, taking into account the need for information expressed by the consumer and taking into account the reported by the consumer use or reasonably foreseeable.
Section 2. -By an indication of the price article
5 § 1. Except in the case of public auction, any company that offers properties for sale to the consumer, must indicate the price in writing and in a manner not equivocal.
If the goods are exposed on sale, the price must also be indicated legibly and apparent.
2. Any company that offers to the consumer of the homogeneous services must indicate the price written legibly, apparent and unambiguous.
S. 6. the price quoted should be 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.
7. the prices for consumers are at least in euro.
S. 8. any advertising for consumers doing a price must be indicated in accordance with the requirements of articles 6 and 7, and the provisions adopted in implementation of article 9, 1 °.
S. 9. 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.
Section 3. -The name, composition and labelling of goods and services art. 10. the entries which are the subject of labelling and which are made binding by this Act, by its orders of execution and execution orders referred to in article 139, § 2, paragraph 2, the operating instructions and warranty bulletins are at least denominated in a language understandable to the average consumer, taking into account the linguistic region where the goods or services are offered for payment or free of charge, to the consumer.
When it is mandatory, the labelling must be apparent and legible, used in the form and with the content set by the regulation applicable, and clearly distinct from advertising.
S. 11 § 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: a) for goods or categories of goods it designates, prescribe labelling and determine the particulars and other elements;
(b) determine the conditions of composition, constitution, presentation, quality and safety which must fulfill the goods to be placed on the market, be it under a name determined or not;
(c) prohibit the placing on the market of goods under a particular name;
(d) impose the use of a name determined for goods which are placed on the market;
(e) impose adding names under which goods are placed on the market, of signs, words, or phrases intended to clarify the meaning;
(f) 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. 12. for services or categories of services, the King may, in compliance with forms prescribed by article 11, paragraph 2, to ensure the loyalty of commercial transactions or consumer protection: has) determine what description, what general terms of services must be communicated to the consumer and how;
(b) prohibit the placing on the market of services under a particular name;
(c) impose the use of a name determined for services that are placed on the market;
(d) impose adding names under which the services are placed on the market, of signs, words, or phrases intended to clarify the meaning;
(e) 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.
Section 4. -Of the indication of quantities s. 13 § 1. All good conditioning for sale must bear 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 measure must be given, 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 should be taken on a weighing or measuring document that will be delivered to the purchaser at the time of delivery.
S. 14. 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. 15. when the nominal quantity has not been indicated in accordance with the provisions of article 13, § 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. 16. 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. 17. any advertising for consumers on pre-packaged goods in pre-established quantities which reported a price, must mention the nominal quantities of contents of the packages, in accordance with the provisions of this section.
18. 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 13 to 15;
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.
Section 5. -Of comparative advertising art. 19 § 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 88 to 91 and article 96, 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;
It does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities or situations 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 comply with the conditions laid down in the § 1.
Section 6. -Promotions subsection the reference to its own previously applied price s. 1st pricing 20. an undertaking 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 advertisement must also mention the reference price, or data information must enable the average consumer to calculate the price of reference immediately 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.
21. 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 102, § 1, 2 °, the period during which the reduction is announced can be less than a full day of sale.
The date from which the reduced price is applicable must remain specified throughout the sale period during which it is advertised as discounted.
S. 22. the King may, for goods and services or categories of goods and services which it designates, prescribe special detailed rules with regard to the reference to own prices previously.
23. the King means the goods, services or categories of goods or services for which the ads referred to in article 20, paragraph 1, are prohibited, 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.
Sub-section 2. -Sales in liquidation art. 24. the use of the name 'Liquidation', 'ITU-verkoop' or «Ausverkauf» or any other equivalent designation 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 subsection: 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. 25 § 1. Except in the case provided for in article 24, 1 °, one who wishes to proceed with a liquidation sale shall notify its intention to proceed to the Minister or the officer designated by him to this effect, prior to the liquidation sale and any announcement is relative.
This notification by registered letter to the post will stipulate the date of the beginning of the liquidation sale and will invoke and justify the existence of one of the cases referred to in article 24.
It can be carried out the liquidation than ten working days after the sending of the notification, except in the case provided for in article 24, 7 ° and 8 °.
The duration of the liquidation is limited to five months for the cases referred to in article 24, 1 ° to 8 ° and 12 months for the case referred to in article 24, 9 °. Interruptions of the sale in liquidation during these periods have no suspensive effect.
Any announcement or other advertising for a liquidation must specify must be the date of the start of the auction.
§ 2. Except in the cases referred to in article 24, 1 ° and 7 °, any sale in liquidation must take place in retail outlets where or with which sales techniques, identical goods were usually put on sale either by the company, or by the deceased or the transferring undertaking.
The undertaking considers to be unable to comply with paragraph 1, was held to seek a derogation of the Minister or the officer designated by him for that purpose, by registered letter to the post. It must specify the grounds 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, the assets which form part of the stock of the company at the time of the judicial decision referred to in article 24, 1 °, at the time of the incident referred to in article 24, 7 °, or the day of the notification provided for in the § 1.
However, can also be offered for sale or sold in liquidation, the property which, at the time of the judicial decision referred to in article 24, 1 °, or at the time of the death of the person who was carrying on a business referred to in article 24 (2), or at the time of the incident referred to in article 24, 7 °, or at the time of the hindrance referred in article 24 , 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.
The permission must be requested 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 24, 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 products or product categories, it can mention that 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 subsection to the person who carries out such a sale.
S. 26. the King may determine that the notifications and requests referred to in article 25 may also be achieved through other means of communication and prescribing the terms and conditions.
Sub-section 3. -Balance article sales 27. the balances periods are the periods from January 3 to January 31 and from July 1 to July 31.
When on 3 January or July 1 is a Sunday, the period of balances begins a day earlier.
The use by a company of the name 'Balances', "Opruiming", "Sölden" or 'Schlussverkauf', or any other similar name, is allowed only for offer for sale and sale of goods during the period of balances and if the conditions of this section are met.
The second paragraph does not prejudice the right of the company to announce the consumer sale offerings are covered before the start of the period of balances.
The King may adapt the period referred to in the first subparagraph. Before proposing an order, 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.
28 can only do the object of a bid under the name referred to in article 27, paragraph 2, the assets that the company has offered for sale previously for at least 30 days and who are still in the possession of the company at the beginning of the sale on sale.
S. 29 when the property sold in sales was offered for sale during the month preceding the period of balances, in the same point of sale or by the same sale techniques, the asking price must be less than the reference price, which is the lowest price that the company has practiced for this good, this month in this point of sale or in this sales technique.
When the property sold in sales not was offered for sale during the month preceding the period balances, the asking price must be less than the reference price, which is the lowest price that the company has practiced for this good in the past, regardless of the point of sale or selling used technique.
At the mention of the prize with the use of a name referred to in article 27, paragraph 2, the reference price is also mentioned, 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. 30. the burden of proof of compliance with the conditions laid down for the offer on sale at article 27 is the responsibility of the company that carries out such an offer for sale.
31. the King may prescribe terms and conditions for the offer for sale and sale of goods under the names referred to in article 27, paragraph 2.
Before proposing an order pursuant to the first paragraph, the Minister shall consult 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.
32 § 1. Periods commencing on 6 December and June 6, each time until the first day of the next period of balances, it is forbidden in the sectors of clothing, leather goods and shoes, to announce price reductions which produce their effects during this period, regardless of the place or means of communication being implemented.
Before the period referred to in paragraph 1, it is prohibited to make announcements of price reductions that 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.
Without prejudice to the provisions of article 25, § 4, paragraph 1, in liquidation sales during a waiting period can be accompanied by an announcement of reduction in price, except in the cases and under the conditions determined by the King.
§ 2. The King may designate goods or categories of goods for which the ban to the § 1 does not apply.
Before proposing an order pursuant to paragraph 1, the Minister consults with the Consumer Council and the Board of Governors for the self-employed and SMEs and fixed reasonable period within which notice must be given. After this period, the notice is no longer required.
§ 3. The targeted price reduction advert ban in the § 1 is not applicable to tenders for sale of products made during occasional, of a maximum duration of four days trade events and organized at least once annually by local companies or with their participation groups.
The King may lay down the conditions to which these events can be arranged.
Subsection 4. -Securities giving entitlement to a refund or a reduction in price s. 33. Securities 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 information: 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. 34 § 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 the § 1, paragraph 2, are: 1 ° the name, address and, if applicable, the form of company and business of the issuer number;
2 ° the amount of reduction;
3 ° the goods or services must be understood in order to use the title.
4 ° the sale points where the title can be used, unless it can be used in all points of sale where goods or services are offered for sale;
5 ° the period of validity of title, unless the person is unlimited.
S. 35. any person who issues securities referred to in this subsection becomes, to the conditions of their issuance, debtor of the receivable that represent these titles.
Provided that the issuer of the securities referred to in section 34 is not company where the title was presented, the transmitter is obliged to reimburse it within a reasonable time to the company where the title was presented.
S. 36 § 1.
The King may, for the titles referred to in this subsection: 1 ° prescribing a minimum size and distinctive signs;
2 ° subordinate the issuance of securities to the constitution's guarantees of solvency and the holding of a special accounting and impose control measures;
3 ° prescribing specific detailed rules intended to adapt the provisions of this subsection for the titles presented in the form of electronic record.
§ 2. Before proposing an order under the § 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.
Section 7. -Provisions various arts.
37. without prejudice to the application of article 88, 1 ° and 2 °, if a limited advertising time is announced outside the establishment of the company for one or more goods with reference to their price, the company that no longer has concerned property is required to deliver to the consumer for any property for a price higher than 25 euros which the stock is exhausted a law giving title to his purchase within a reasonable time and according to the terms of the offer.
The obligation set out in paragraph 1 does however 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. 38 § 1. Without prejudice to the powers conferred to him under another legal provision, the King may, by Decree deliberated in the Council of Ministers, for goods or services or categories of goods or services that it determines: 1 ° prohibit or restrict the advertising, to ensure greater protection of the safety of the consumer and the environment;
2 ° determine the minimum particulars of advertising, to ensure better information for the consumer.
§ 2. Before proposing an order under the § 1, the Minister shall consult the 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. 39 § 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.
CHAPTER 3. -Contracts with consumers Section 1st.
-Provisions general article 40 § 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 laid down in article 2 of the law of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the market practices and consumer protection.
A contract between a company and a consumer can be interpreted according to commercial practices in direct relationship with him.
41. where a contract with a consumer was concluded as a result of an unfair trade practice referred to in article 91, 12 °, 16 ° and 17 °, and article 94, 1 °, 2 ° and 8 °, the consumer can, within a reasonable time from the moment he became aware or should have been aware of its existence, demand repayment of amounts paid without restitution of the product delivered.
Where a contract with a consumer was concluded as a result of an unfair trade practice referred to in articles 84 to 86, 91, 1 ° to 11 °, 13 ° to 15, 18 ° to 23 °, and article 94, 3 ° to 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 event of unsolicited supply to the consumer within the meaning of article 94, 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. 42. 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. 43. it is forbidden the company to charge telephone calls for which the consumer must pay the content of the message, in addition to the rate of appeal, when these appeals concern the enforcement of a contract already concluded.
44. it is forbidden for the company, at the conclusion of a contract over the internet, to use default options that the consumer must refuse to avoid any payment of one or more additional products.
Section 2. -Distance contracts subsection 1 contracts do not relate financial services s. remotely 45. for the offer of a distance contract, the consumer must be informed unequivocal, clear and understandable by any means suitable for the means of communication used remotely, including on the following: 1 ° the corporate identity and geographical address;
2 ° the essential characteristics of the good or service;
3 ° the price of the good or service;
4 ° where appropriate, the cost of delivery;
5 ° the terms of payment, delivery or performance of the contract;
6 ° the existence or absence of a right of withdrawal;
7 ° the terms taken, or restitution of the property, including any costs y;
8 ° the cost of using the means of distance communication, where it is calculated on a basis other than the basic rate;
9 ° the period of validity of the offer or the price;
10 ° where appropriate, the minimum duration of the contract in the case of contracts for the supply of sustainable or periodic delivery of goods or a service.
In addition, in the case of telephone communications, the company is required to disclose explicitly at the beginning of any conversation with the consumer his identity and the commercial purpose of the call.
S. 46 § 1. The consumer must receive in writing or on another durable medium, available and to which it has access, the following: 1 ° confirmation of the information referred to in article 45, 1 °, 3 ° to 6 ° and 10 °, as well as the identification of the good or service;
2 ° where appropriate, the conditions and detailed rules for the exercise of the right of withdrawal, as well as the clause following, written in bold type in a separate text frame, first page: "the consumer has the right to notify the company that it renounces the purchase, without penalty and without giving any reason, in the... days calendar from the date of the day of the delivery of the good or the conclusion of the service contract.»
This clause is completed by the number of days calendar, which cannot be less than 14.
In the event of failure of this last clause, under the conditions referred to in § 2, the property or service is deemed to have been provided to the consumer without a prior request on his part and is not required to pay the good or service or return;
3 ° in case of absence of a right of withdrawal, in the cases provided in article 47, § 4, the following clause, written in bold in a separate frame of the text on the first page: "the consumer has no right to abandon the purchase.
4 ° the geographic address of the establishment of the company where the consumer can present its claims;
5 ° the information existing after-sales services and commercial guarantees;
6 ° the conditions for termination of the contract, where this is indefinite duration or a duration exceeding one year.
§ 2. The consumer must receive the information referred to in the § 1:-property: no later than at the delivery to the consumer.
-for services: prior to the execution of any contract of service and, where applicable, during the execution of the service contract, if performance has begun, with the agreement of the consumer, before the end of the withdrawal period.
§ 3. The provisions of §§ 1 and 2 do not apply to services which the execution itself is carried out by means of distance communication technique, when these services are provided only once and their invoicing is performed directly by the operator of the means of communication. However, the consumer must be informed of the geographical address of the establishment of the company where it can present its claims.
S. 47 § 1. For any distance contract, the consumer has at least 14 days schedule to withdraw from the contract. This right is exercised without penalty and without giving any reason.
Without prejudice to the provisions of article 48, § 2, second indent, the only fees that may be charged to the consumer because of the exercise of his right of withdrawal are the direct costs of returning.
For the exercise of this right, the period runs:-for goods, from the day following the day of their delivery to the consumer, when disclosure obligations referred to in article 46, § 1, have been fulfilled;
-for services, effective on the day following the day of the conclusion of the contract or from the day where the information obligations laid down in article 46, § 1, have been fulfilled if they are fulfilled after conclusion of the contract, provided that the delay does not exceed the period of three months provided for in § 2.
With regard to respect for the withdrawal period, 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. If the company has not met the disclosure requirements laid down in article 46, § 1, the withdrawal period is three months. Short this time:-for goods, from the day of their delivery to the consumer.
-for services, from the day of conclusion of the contract.
If, within that period of three months, the information referred to in article 46, § 1, are provided, the time limit referred to the § 1 begins on the day following the day of receipt of the information.
For goods subject to successive deliveries, withdrawal periods begin to run the day after the date of first delivery.
§ 3. In the event of exercise of the right of withdrawal provided for in §§ 1 and 2, the enterprise is obliged to the reimbursement of the sums paid by the consumer free of charge. This reimbursement must be made within thirty days of the withdrawal.
§ 4. Unless the parties have agreed otherwise, the consumer may exercise the right of withdrawal provided for in §§ 1 and 2, for contracts: 1 ° for the provision of services whose implementation has started, with the agreement of the consumer, before the end of the withdrawal period referred to the § 1;
2 ° provision of goods made according to the consumer's specifications or clearly personalized or which, because of their nature, cannot be returned or are liable to deteriorate or expire rapidly;
3 ° for the supply of audio or video recordings or computer software unsealed by the consumer;
4 ° for the supply of newspapers, periodicals and magazines;
5 ° of paris and lottery services;
6 ° for the supply of foodstuffs, beverages or other household goods for everyday consumption provided at the home of a consumer, to his residence or to his workplace by distributors making frequent and regular tours.
If the company has not advised the consumer, in accordance with article 45, 6 °, of the absence of a right
of withdrawal, the consumer has the right of withdrawal referred to in § 2.
S. 48 § 1. Unless the parties have agreed otherwise, the company must run the command at the latest within thirty days as of the day following the day where the consumer forwarded his order.
When the company does not perform the contract in time, the consumer has the right, without judicial intervention, with a simple notice to the company, to solve, provided that at that time, the company has not yet sent good ordered or has not yet begun the provision of the service, without prejudice to the right of the consumer to obtain damages, if applicable. No compensation nor any expenses cannot be claimed to the consumer of the head of this resolution.
In addition, the consumer must be repaid within thirty days of the money he has, if any, paid in payment.
§ 2. In the event of exercise of the right of withdrawal in accordance with article 47, any direct costs of reference cannot be put in charge of the consumer, if:-the property delivered or the service provided does not match the description of the offer;
-the company has not fulfilled its obligations to provide information referred to in articles 45 and 46, § 1.
§ 3. In case of exercise of the right of withdrawal in accordance with article 47, the consumer who has entered into a credit agreement to fund fully or partially the payment of the price of the good or service, object of the contract, can withdraw from the contract of credit without cost or compensation, to condition: 1 ° that the credit agreement was concluded with the company or provided by a third party provided that there is an agreement between the third party and the company to ensure the financing of sales of the latter, and 2 ° the retraction of the credit agreement is made within the time limits and in the manner referred to in article 47.
Subsection 2 contracts on financial services article remotely 49. 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 subsection shall 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 50 and 51 are applicable only when the first operation is executed. 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 50 and 51 apply.
S. 50 § 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 EU Member State in which the consumer has his residence, the identity of this representative and the geographic address to take into account for 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 referred to in article 53, 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 54, § 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 resort to) 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. 51. 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 53, 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 54, § 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 52.
52 § 1. Timely, and before the consumer is bound by a contract remotely or by an offer, the company communicates all contractual conditions as well as the information referred to in article 50, § 1, on paper or on another durable medium, made available to the consumer and to which it has access.
2. the undertaking complies with the requirement that incumbent by virtue of § 1, immediately after the conclusion of the distance contract, 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 the § 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. 53 § 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:-either from agenda where the distance contract is concluded,-is effective from the day the consumer receives the contractual terms and information, in accordance with article 52, § 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.
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, - instruments of the money market, - marketable securities - shares in collective investment undertakings -, financial futures ("futures"), including equivalent instruments contracts giving rise to a cash settlement, - ("FRA") interest rate futures, swaps ('swaps') interest rates on currencies and 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 the § 1.
S. 54 § 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 referred to in article 53, § 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 on basis of § 1 if it can prove that the consumer was duly informed about the amount payable, in accordance with article 50, § 1, 3 °, a). It cannot require payment if he has begun to execute the contract before the expiry of the withdrawal period provided for in article 53, § 1, without the consumer's prior request.
3. The supplier shall reimburse to the consumer, as soon as possible and no later than within thirty days calendar, all the sums he received it in accordance with the contract at a distance, with the exception of the amount referred to the § 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. 55 § 1. The supplier is liable towards the consumer's compliance with the obligations resulting from articles 50 to 52.
2. In the event of failure to comply with the obligations resulting from articles 50, § 1, 2 ° and 3 °, 51-52, 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.
Sub-section 3. -Provisions common to this section s. 56 § 1. 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. In the case of contracts for financial services remotely, this evidence is the responsibility of the provider.
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.
2. Any clause whereby the consumer waives the benefit of rights conferred by this section is deemed unwritten.
§ 3. 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.
§ 4. Sending goods and services securities is always at risk from that with which the consumer has contracted.
S. 57 § 1. Under this section, the King may: 1 ° take special provisions applicable to certain means of distance communication, taking into account, where appropriate, the specific characteristics of small and medium-sized enterprises;
2 ° excluded from the scope of this section or certain provisions refers to goods or categories of goods what it means;
3 ° excluded from the scope of this section or certain provisions designated services or classes of services designated by him;
4 ° special arrangements for goods or categories of goods that it refers to;
5 ° special arrangements for services or classes of services designated by him;
6 ° take special provisions for public sales using a means of distance communication.
2. Before proposing an order pursuant to the provisions of this section, the Minister shall consult the Consumer Council and the Council superior of the self-employed and SMEs and fixed reasonable period within which notice must be given. After this period, the notice is no longer required.
Section 3. -Contracts concluded outside the premises of the company art. 58 § 1.
Are covered by this section, sales to the consumer of goods and services carried out by a company: 1 ° at the residence of the consumer or another consumer, as well as workplace of the consumer;
2 ° during an excursion organized by or for the company outside sales area;
3 ° in the salons, fairs and exhibitions, provided that there is no payment on place of the total amount and the price is greater than 200 euros.
§ 2. The King may:-adjust the amount referred to the § 1, 3 °;
-expand the scope of this section to the sales in other places designated by him.
Before proposing an order, 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.
S. 59. do not fall under the application of this section: 1 ° the sales referred to in article 58, § 1, 1 °, on a good or service for which the consumer has requested way express the visit of the company, to negotiate the purchase of this good or service.
Does not constitute a prior request, the agreement given by the consumer to an offer to visit proposed by telephone by the undertaking;
2 ° the sales of food, drinks and household care items by undertakings serving, frequent and regular tours, a customer using Street shops;
3 ° the auction;
4 ° sales remotely;
5 ° the sales of insurance;
6 ° sales organized within the framework of non-commercial character and events exclusively philanthropic purpose, under the conditions laid down in application of the fiscal law of 25 June 1993
activities ambulantes and the Organization of public procurement, and as long as their amount does not exceed EUR 50. The King may adapt this amount;
7 ° the consumer credit contracts subject to the consumer credit legislation.
S. 60. without prejudice to the rules governing evidence at common law, the sales to the consumer under this section must, on pain of nullity, be subject to a written contract, written in as many copies there are parties having a distinct interest.
This contract must indicate:-the name and address of the company;
-the date and place of conclusion of the contract;
-the precise description of the good or service, as well as its main characteristics;
-the deadline for delivery of the good or the service;
-the price and terms of payment;
-the following retraction clause, written in bold in a separate framework text, on the front of the first page: "within seven working days with effect from the day of the signing of this contract, the consumer has the right to retract without costs of purchase, provided you notify the company by registered letter to the post. Any clause by which the consumer would renounce this right is void. With regard to meeting the deadline, simply notification to be shipped before the expiration thereof. "This reference is prescribed under penalty of nullity of the contract.
61. sales of goods or services referred to in section 58 are final unless a period of seven days has elapsed from the date of the day following the day of signature of the contract referred to in article 60.
During this period of reflection, the consumer has the right to do so by registered letter to mail to the company that he retracts his purchase. The reflection period is deemed met if the notification has been sent before its expiry.
No delivery service can be performed before the cooling-off period referred to in this article.
With the exception of the sales referred to in article 58, § 1, 3 °, a deposit or payment cannot, under any circumstances, in any form whatsoever, be required or accepted by the consumer before the cooling-off period referred to in this article.
S. 62. in the case of a sale to the test, the reflection period starts the day of the delivery of the property at the expiration of the trial period, without being less than seven working days.
S. 63. If the consumer withdraws his purchase, no fees or compensation can be asked of the leader.
S. 64. the offer for sale and sale of goods 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 Act are applicable.
Section 4. -Public sales art. 65 § 1.
Are subject to the provisions of this section, 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. It can also determine the conditions applicable to the offers for sale and auction of property using a means of distance communication.
66 § 1. Offers for sale and auctions within the meaning of article 65 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. 67. the King may, for listed property, authorise derogations from the provision of article 66, § 1st, when the offer for sale or the sale of these goods by other processes of sale proves difficult or impossible.
68 offers for sale and auctions within the meaning of article 65 may 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 66.
The organiser must mention, 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.
This description can only be replaced by the indication of the departmental officer responsible for conducting the operations of the public sale.
S. 69. in the event of breach of the provisions of this section, agents commissioned by the Minister, pursuant to section 133 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 the seizure of the goods forming the object of the offence, in accordance with the provisions of article 137, § 1.
70. the departmental officer responsible for conducting the operations of public sale should deny support to operations on goods which have been seized pursuant to article 69, paragraph 3.
Section 5. -Of the joint offer art. 71. without prejudice to article 72, offer joint to the consumer is allowed for as much as it does not constitute an unfair commercial practice within the meaning of article 84 et seq..
S. 72. § 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 to the § 1, it is however permitted 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, are not as such in the trade, provided that their price of acquisition by the company exceeds 10 euros, excluding VAT, or 5% of the sale price, excluding VAT, of the 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.
Section 6. -Unfair s.
73. 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 40 § 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.
74. 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 items 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 let 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 good supplied or the service provided complies with 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 ° allow the company, by means of an election of domicile in the contract, to bring its application before 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 case of total or partial non-performance or deficient 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. 75. § 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. 76. in order 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. 77 § 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.
78 § 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.
Section 7. -Purchase order art.
79. for sale, any company is held to issue a purchase order when the delivery of the good or provision of the service is delayed 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.
Section 8. -Supporting documents art. 80 § 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 5, paragraph 2, or when is issued an estimate or an invoice comprising the particulars referred to in § 2.
Not falling within the scope of this article, contracts concluded under the denomination "forfait" or any other equivalent designation, aimed at the provision of a service for a fixed overall fee previously agreed delivery and covering the whole of this service.
2. The King:-determines, either generally, or to the services or categories of services which it designates, the particulars which must appear on the voucher.
-can provide the services or categories of services which it designates from the application of this section;
-may designate goods or categories of goods to which this section applies;
-may, by way of derogation to the § 1 services or classes of services it determines, require the company to issue free to the consumer a voucher which it determines the terms and conditions.
§ 3. The orders made under § 2, fourth indent, are submitted by the Minister to the opinion of the Consumer Council and the opinion of the Board of Governors for the self-employed and SMEs. The Minister sets the reasonable period of time in which the opinion must be delivered. If issued within the prescribed period, the notice is no longer required.
81. the consumer is required to pay the services provided to the requested voucher discount when this discount is imposed by section 80.
Section 9. -Renewal of the contract of service s. 82 § 1. When a service contract entered into between a company and a consumer term 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 § 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 service contract, terminate the contract at any time, without compensation, at the end of a period of advance notice determined in the contract, although this time may be more than two months.
§ 3. Provided that no law of specific rules on the tacit renewal of service contracts, fixed the King may, for services or classes of services it determines, by Decree deliberated in the Council of Ministers: 1. conditions specific to the tacit renewal of a contract;
2 provide the obligations referred to in §§ 1 and 2.
§ 4. The scope of this section may be extended by the King, by Decree deliberated in the Council of Ministers, for certain categories of goods that it designates.
CHAPTER 4. -Prohibited Section 1st commercial practices unfair practices against consumers sub-section 1. -Scope art.
83. This section applies to unfair commercial practices by businesses to consumers before, during and after the offer for sale and sale of products.
Sub-section 2. -Unfair commercial practices article ((84. 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.
85 are unfair business practices of undertakings in respect of consumers who: 1 ° are misleading within the meaning of articles 88 to 91, or 2 ° are aggressive within the meaning of articles 92 to 94.
S. 86. unfair commercial practices by businesses against consumers are prohibited.
S. 87 is also prohibited, any act or omission contrary to the laws protecting the interests of consumers - namely the regulation mentioned in the annex of Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for ensuring the application of legislation on the protection of consumers or the guidelines also set out in annex above as they have been transposed - which infringes or is likely infringe the collective interests of consumers domiciled in another State member of the European Union than the one where the Act or omission in question originated or took place, on the territory of which the company or the accountable supplier is established or where to find evidence or assets in relation to the Act or omission.
Sub-section 3. -Deceptive trade practices s. 88. 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. 89 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.
90 § 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 a company conceals a substantial information referred to the § 1, gives 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.
91 are unfair trade practices, in all circumstances, deceptive marketing practices which are designed to: 1 ° claim to be signatory to a code of conduct while this is not the case.
2 ° display a certificate, a quality mark or equivalent without having obtained the necessary authorization;
3 ° affirming that a code of conduct has received the approval of a public body or other while this is not the case;
4 ° assert that a 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 ° making factually inaccurate statements with regard to the nature and extent of the risks facing the consumer in terms of his personal or his family safety if it does not buy the product;
13 ° to promote a product similar to that of an individual manufacturer to deliberately induce the consumer to think that the product comes from this same manufacturer, while such is not the case;
14 ° create, operate or promote a pyramid system where the consumer pays a contribution in Exchange for the opportunity to collect a counterparty instead from the entry of new consumers in the system than from the sale or consumption of products;
15 ° declare that the company is about to cease its activities or establish them elsewhere, so that such is not the case, without prejudice to articles 24 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.
Subsection 4. -Aggressive commercial practices article
92. a commercial practice shall be deemed 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.
93. in order 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.
94 are unfair trade practices in all circumstances, commercial practices aggressive 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 100; and (c) of section 14 of the Act of 11 March 2003 on certain legal aspects of information society services;
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.
-Market practices unfair with respect to persons other than consumers s. 95 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.
96. without prejudice to other legal or regulatory provisions is 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 which must be regarded as a breach of the Act or as an offence under sections 124 to 127.
S. 97. 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. 98. it is forbidden to 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, obtained authorization number and the words "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. 99. 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.
Section 3. -Unwanted communications arts.
100 § 1. The use of automated systems of appeal without human intervention and faxes addressed specifically advertising purposes to an individual 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.
Any legal person may notify a determined transmitter, without indication of reasons, its willingness to stop receiving, on his part, advertisements sent through a technique referred to in paragraph 1.
The King may, by Decree deliberated in the Council of Ministers, extend the prohibition referred to in paragraph 1 to other communication techniques, than those mentioned, taking into account their evolution.
2. Without prejudice to article 14 of the Act of 11 March 2003 on certain legal aspects of the services of the society of information, personalized advertisements, broadcast by other techniques than those mentioned in the § 1 or determined in application of it cannot be in the absence of clear opposition from the recipient, natural or legal person. No fees will be charged to the recipient due to the exercise of the right of opposition.
3. When sending advertising via a communication technique mentioned in the § 1, or determined to implement this, the transmitter provides a clear and understandable information concerning the right to oppose, for the future, to receive advertisements.
§ 4. When sending any advertising using a technique of communication referred to in paragraph 2, it is forbidden to conceal the identity of the company on whose behalf the communication is made.
5. The burden of proof of the fact that advertising sent using a technique of communication mentioned in the § 1, or determined to implement this was asked, is the responsibility of the sender of the message.
Section 4. -Selling at a loss art. 101 § 1.
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 which is not at least equal to the price at which the company purchased good or that the company should pay during the replenishment, after deduction of any discounts granted and permanently acquired. 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 in the § 1, paragraph 1, applies only when the offer as a whole constitutes a sale at a loss.
S. 102 § 1.
The prohibition laid down in article 101 § 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 property that 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 the § 1.
Section 5. -Of the rules of evidence art. 103 § 1. The Minister or the officer commissioned by him pursuant to section 133, § 1st, may apply to a company 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 this chapter.
§ 2. The company is also required to bring such evidence where an action for an injunction is brought by: 1 ° the Minister and, where appropriate, the competent Minister under article 115;
2 ° the other persons referred to in article 113, provided that, taking into account the legitimate interests of the company and any other party to the proceedings, the president of the tribunal de commerce believes that such a requirement is appropriate in the light of the circumstances of the case.
If the evidence required under paragraph 1 are not made or are deemed insufficient, the president of the commercial court can consider as inaccurate factual data.
CHAPTER 5. -Collective agreements of consumption articles 104. § 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. 105. the collective agreements of consumption 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, as well as the quorum of attendance 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.
106. 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.
107. 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 fifteen 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. 108. the 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 Chapter 4, section 1.
109. 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.
CHAPTER 6. -Of the action in cessation s. 110. where the offence relates to advertising, termination action may be brought head of breach of the provisions of articles 19, 84-86, 96 and 97 to borne by the advertiser of the offending advertising.
However, when the advertiser is not resident in Belgium and has not designated a person responsible for having its domicile in Belgium, termination action may also be brought in support of:-written advertising editor or producer of audiovisual advertising.
-the printer or the Director, if the Publisher or producer do not have their domicile in Belgium and have not appointed a person responsible for having its domicile in Belgium;
-the dispenser as well as any person who knowingly helps that advertising produces its effect, if printer or the Director do not have their domicile in Belgium and have not appointed a person responsible for having its domicile in Belgium.
111. the action for injunction may be brought against a company for commercial agent practices used outside the premises of this agent, when the agent did not clearly know his identity and his identity could not be reasonably known by the person who brought the action in cessation.
S. 112. the president of the commercial court may grant the infringer a deadline to terminate the offence, when the nature of the offence requires. It can grant the lifting of termination when terminated to the offence.
S. 113. the action based on article 2 of the law of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the market practices and consumer protection is formed at the request: 1 ° of the persons concerned;
2 ° the Minister or the Director general of the Directorate General control and Mediation of the federal public Service economy, SMEs, Middle Classes and energy, except where the request relates to an act referred to in article 95;
3 ° to a professional or interprofessional grouping having legal personality;
4 ° of an association aimed at the defence of the interests of consumers and enjoying legal personality, provided that it is represented to the Consumer Council or that it be approved by the Minister, according to criteria determined by royal decree deliberated in the Council of Ministers, except when the application relates to an act referred to in article 95.
By way of derogation from the provisions of articles 17 and 18 of the Judicial Code, the associations and groups referred to in the first paragraph, 3 ° and 4 °, may sue for the defence of their statutorily defined collective interests.
Cessation of the acts prohibited under article 75 may be directed separately or jointly against several companies in the same economic sector or their associations which use or recommend the use of the same contractual General, or similar clauses.
Action based on article 2 of the law of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the market practices and the protection of the consumer, for targeted acts in article 87, can also be formed by the Minister who is responsible for the matter in question.
114. the action based on article 3 of the law of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the market practices and consumer protection is formed at the request of the persons entitled to act for infringement according to the law on the intellectual property right concerned.
S. 115. without prejudice to the application of article 95 and article 2 of the law of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the practices of the market and the consumer protection acts they aim, action for violation of article 4 of the Act of 6 April 2010 concerning the regulation of certain procedures under the law of April 6, 2010 relating to the practices of
market and consumer protection is formed exclusively at the request of the Minister who is responsible for the matter in question.
Action based on article 4, 9 °, of the law of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the market practices and consumer protection is formed at the request of the Minister of the environment. The Committee created by the Act of 14 July 1994 on the establishment of the European eco-label Award Committee may propose to the Minister to introduce such an action.
S. 116. the president of the commercial court can authorize the display of its decision or the summary that he wrote, during the period as it may determine, both outside and inside the establishments of the offender and order the publication of his judgment or his summary through newspapers or in any other manner, all at the expense of the offender.
However, these measures cannot be permitted only if they are likely to contribute to the cessation of the offending act or its effects.
The president of the tribunal de commerce fixed the amount that part a measure of advertising has been granted pursuant to paragraph 1 and who performed the measure despite an appeal in time brought against the judgment, shall pay to the party at the expense of which the measurement of advertising was pronounced, if it is overturned on appeal.
S. 117. the action referred to in articles 2 to 4 of the Act of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the practices of the market and the consumer protection may not longer be brought one year after the facts which it relies have ended. S. 118. the action is formed and educated according to the forms of the referee.
The judgment is enforceable provision, notwithstanding any appeal and without security.
Any decision on an action on articles 2 to 4 of the Act of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the market practices and consumer protection is, in the eight, and diligence of the clerk of the competent court communicated to the Minister unless the decision was made at his request.
In addition, the clerk is required to inform without delay the Minister of the appeal against any decision in accordance with articles 2 to 4 of the Act of 6 April 2010 concerning the settlement of certain procedures under the law of 6 April 2010 on to the practices of market and the protection of the consumer.
CHAPTER 7. -Special provisions for designation of origin art. 119 § 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 'like', '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.
120. where the judge finds an infringement of the rules relating to registered names, he ordered the cessation thereof 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. 121 § 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 his desicion taken under this article or under article 120 or the summary that he wrote to be displayed during the period to be specified, both outside and inside the establishments of the offender and order the publication of judgement or his summary through newspapers or in any other manner all at the expense of the infringer.
122 § 1. The injured party is entitled to compensation for any damage incurred due to an infringement of article 119.
§ 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.
CHAPTER 8. -Of the article warning procedure 123. where it is found that an act constitutes an offence under this Act, to one of its orders of execution or the orders referred to in article 139, or that it may give rise to an action for injunction pursuant to article 113, paragraph 1, 2 °, the agent that the Minister or the competent Minister for the matter in question commissions pursuant to article 133 , § 1, can send the offender a warning setting it is to put an end to this Act, without prejudice to article 103.
The warning is notified to the offender within a period of three weeks from the date of the finding of facts, by registered mail with acknowledgement of receipt letter or the furnishing of a copy of the minutes of finding facts.
The warning mentions: 1 ° the facts charged and the legal provisions violated;
2 ° the period within which it must there be terminated;
3 ° in case it is not given due warning, in an action for injunction will be formed in accordance with article 113, paragraph 1, 2 °, whether officers commissioned pursuant to section 133, § 1, or pursuant to article 136 may respectively to notify the Crown Procurator or apply the regulation by way of a transaction referred to in section 136;
4 ° the commitment of the offender to terminate the infringement can be made public.
A detailed annual report on the operation of the warning procedure is presented within a reasonable time to the legislative chambers, who decide its eventual publication.
The data provided in this report are anonymous.
CHAPTER 9. -Penal sanctions art.
124 shall be punished by a fine of 250 to 10,000 euros, those who commit an offence under the provisions: 1 ° of articles 5 to 8 relating to the indication of prices and orders taken in pursuance of article 9;
2 ° of article 10 on the designation, composition and labelling of products and orders taken in implementation of articles 11 and 12;
3 ° of articles 13 to 17 relating to the indication of the quantity and the taken orders in pursuance of article 18;
4 ° of articles 20 and 21 relating to the reference to its own price applied previously and taken orders in pursuance of articles 22 and 23;
5 ° of articles 24 and 25 relating to liquidation sales.
6 ° of articles 27 to 29 and article 32 relating to sales in balances and the waiting period.
7 ° of article 42 on the presentation to the consumer, for signature, a bill of Exchange;
8 ° sections 45 to 56 relating to distance contracts, and took orders in pursuance of article 57;
9 ° of articles 58 to 64 relating to sales concluded outside the premises of the undertaking;
10 ° of article 70 requiring judicial officers, responsible for conducting the auction, an obligation to refuse their aid in certain circumstances;
11 ° of articles 79 and 80 relating to the purchase order and supporting documentation and orders taken in pursuance of articles 79 and 80;
12 ° of orders made pursuant to article 109 on collective agreements of consumption;
13 ° articles 86, 91 and 94 relating to unfair commercial practices with regard to consumers, with the exception of articles 91, 12 °, 14 °, 16 ° and 17 °, and 94, 1 °, 2 ° and 8 °;
14 ° of article 98 deals with purchases forced for the undertakings.
However, when an offence under the orders of execution referred to in section 9 of this Act also constitutes an offence under the law of January 24, 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.
125 shall be punished by a fine of 500 to 20,000 euros, those who, in bad faith, commit an offence under the provisions of this Act, with the exception of those referred to in articles 124, 126 and 127, and with the exception of the offences referred to in article 95.
S. 126 shall be punished by a fine of 1,000 to 20,000 euros: 1 ° those who do not conform to what has a judgment or a ruling under article 2 of the law of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the market practices and the protection of the consumer as a result of an action for an injunction;
2 ° those who wilfully prevent or hinder the execution of the mission of the persons mentioned in sections 133 to 134 for search and found the offences or breaches of the provisions of this Act;
3 ° those who, voluntarily, in person or through an intermediary, suppress, hide or shred completely or partially posters affixed pursuant to sections 116 and 130.
S. 127 are punished by imprisonment of one month to five years and a fine of 26 to 20,000 euros or one of those penalties only, those who commit a violation of sections 91, 12 °, 14 °, 16 ° and 17 °, and 94, 1 °, 2 ° and 8 °, relating to unfair commercial practices.
S. 128. when the facts before the tribunal subject to an action for injunction, it cannot be ruled on the criminal action unless a cast in res judicata decision relatively to the action for an injunction.
S. 129. without prejudice to the application of rules regarding recidivism, the penalty provided for in article 126 is doubled for offence referred to in 1 ° of this article, within five years after a conviction cast in force of res judicata pronounced by the head of the same offence.
S. 130. the Court may order the display of the judgment or the summary that he wrote during the period as it may determine, both outside and inside the establishments of the offender and the cost thereof, as well as the publication of the judgment or his summary at the expense of the offender through the newspapers or in any other manner; In addition, it may order the confiscation of the illicit profits through the offence.
S. 131 corporations and associations with legal personality are civilly responsible for sentences damages, fines, costs, confiscations, refunds and penalties any, imposed for infringement of the provisions of this Act against their bodies or servants.
It is the members of all trade associations without legal personality, where the offence was committed by a partner, Manager or officer during an operation falling within the scope of the activity of the association.
Liable partner however is personally liable to maximum of amounts or values that it has withdrawn the operation
These companies, associations and members can be cited directly before the Criminal Court by the public prosecutor or the injured party.
132. the provisions of book I of the Code penal, without exception the chapter 7 and article 85, shall apply to the offences covered by this Act.
By way of derogation from article 43 of the Criminal Code, the tribunal appreciates, when he pronounces a conviction for one of the offences covered by this Act, if it is appropriate to order the special confiscation. This provision is not apply in the case of recidivism under section 129 of this Act.
On the expiry of a period of ten days of the pronouncement, the clerk of the Court or the Court is to bring to the knowledge of the Minister, by letter ordinary, any judgment or judgment relating to an offence under this Act.
The Registrar shall also notify the Minister of any appeal against such decision.
CHAPTER 10. -Search and finding of offences art. 133 § 1. Without prejudice to the duties of judicial police officers, agents commissioned by the Minister are responsible for search and found the offences mentioned in articles 124 to 127. The minutes drawn up by these agents are prima facie evidence to the contrary.
§ 2. In the exercise of their duties, officials referred to the § 1 may: 1 ° enter, during the usual hours of opening or work in workshops, buildings, adjacent and paddock courses whose access is necessary for the accomplishment of their mission;
2 ° do all findings useful, is to produce, at the first demand and without moving, documents, parts or necessary for their research and findings books and take copies;
3 ° grab, against a receipt, the documents referred to in point 2 which are necessary to provide evidence of an offence or to find sponsors or accomplices of the offenders.
4 ° take samples, patterns and conditions determined by the King;
5 ° if they have reasons to believe in the existence of an offence, enter the premises inhabited with the prior authorization of the judge of the tribunal de police; the visits to living quarters should be between eight and eighteen hours and must be made jointly by two agents at least.
§ 3. In the exercise of their function, the agents referred to the § 1 may require the assistance of the local or federal police.
4. Commissioned officers exercise the powers accorded to them by this section under the supervision of the Attorney general, without prejudice to their subordination with respect to their superiors in the administration.
§ 5. The offences listed in article 124, paragraph 2, can be sought and found by referred agents both in the § 1 by those referred to in article 11 of the law of January 24, 1977 relating to the protection of the health of consumers in relation to food and other products.
§ 6. In case of application of article 123, the minutes referred to the § 1 is transmitted to the Prosecutor of the King where he has not been given following the warning. In case of application of article 136, the minutes is transmitted to the Prosecutor of the King only when the offender has not accepted the proposal for a transaction.
S. 134 § 1. The agents referred to in article 133 § 1, are also competent to search and see the 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 duties, officials referred to the § 1 have the powers mentioned in article 133, § 2, 1 °, 2 ° and 4 °.
S. 135 § 1.
Officers commissioned to this end by the Ministers referred to in article 115 are responsible for search and found the offences giving rise to the action provided for in article 4 of the Act of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the market practices and consumer protection. The minutes drawn up in this connection are prima facie evidence to the contrary.
§ 2. In the exercise of their duties, officials referred to the § 1 have the powers mentioned in article 133, § 2, 1 °, 2 ° and 4 °.
S. 136. officers commissioned for this purpose by the Minister may, in the light of the minutes noting a violation of sections 124 to 127 and trained by officers referred to in article 133 § 1 offer offenders the payment of a sum which extinguished public action.
Tariffs as well as the terms of payment and collection are set by the King.
S. 137 § 1. The Crown, in the light of the minutes drawn up in pursuance of article 133, § 1st, may order the seizure of the goods which are the subject of the offence.
Officials commissioned, when they see an offence under the powers conferred on them by article 133, § 1;
may carry out, as a precaution, to the seizure of the goods which are the subject of the offence. This entry must be confirmed by the public prosecutor within a period which may not exceed eight days, in accordance with the provisions of paragraph 1.
The person in the hands of which the goods are seized may consist in judicial guardian.
The seizure is thrown right by judgment terminating proceedings, when this judgment is passed into res judicata, or the closure.
The Crown can give release it has ordered or confirmed, if the offender waives offer goods in situations giving rise to prosecution; This waiver does imply any recognition of the merits of those proceedings.
2. The investigating judge, in the light of the minutes drawn up in pursuance of article 133, § 1, and noting violations of the provisions referred to in article 124, 8 °, may, by reasoned order, direct operators of means of communication, when they are able to do so, 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 examining magistrate 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.
CHAPTER 11. -Provisions amending, repealing and transitional art. 138 are repealed: 1 ° Act of 14 July 1991 on trade and on information practices and the protection of the consumer;
2 ° article 112 of the Act of 13 June 2005 on electronic communications.
S. 139 § 1. The laws not contrary to this Act, which refer to provisions of the law of 14 July 1991 on trade practices and the information and the protection of the consumer, are presumed to refer to the equivalent provisions of the Act.
§ 2. The regulatory arrangements in mediating of the Act of 14 July 1971 on the practices of trade or of the law of 14 July 1991 on trade and on information practices and the protection of the consumer, not contrary to this Act, remain in force until repealed or replaced by orders made pursuant to this Act.
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 trade and the law of 14 July 1971 on practices of trade and of the law of 14 July 1991 on trade and on information practices and the protection of the consumer are sought found and punished in accordance with sections 8, 9 and 10 of this Act.
S. 140. the King can coordinate the provisions of this Act and provisions which have expressly or impliedly amended them 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 bring them into alignment with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology, though it can be infringed the principles embodied in these provisions.
Coordination will be the heading determined by the King.
CHAPTER 12. -Provisions finals s. 141. the King has powers to him by the provisions of chapters 2, 3, 4, sections 1 and 3, and Chapter 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 Chapter 4, sections 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 pursuance of this Act relate to goods or services which, in the areas covered by chapters 2 to 5 are regulated or likely to be regulated at the initiative of other Ministers that those who have the economy, the middle class and consumption within their remit in accordance with paragraphs 1 and 2, these measures must wear 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 when, in the areas covered by chapters 2-5, measures to be taken on the initiative other Ministers that those 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 Act.
S. 142. this Act comes into force 30 days after its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, April 6, 2010.
ALBERT by the King: the Minister of SMEs, self-employed, Agriculture and science policy, Ms. S. LARUELLE the Minister of climate and energy P. MAGNETTE the Minister for enterprise and Simplification, V. VAN QUICKENBORNE sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Note (1) 2009-2010 regular Session.
House of representatives.
Parliamentary papers. -Bill, no. 2340/1. -Amendments, no. 2340/2, 2340/3 and 2340/4. -Report on behalf of the Committee, no 2340/5. -Text adopted by the commission, no 2340/6. -Amendments tabled in plenary, no. 2340/7. -Text adopted by the commission, no 2340/8. -Text adopted by the commission, no 2340/9. -Text adopted in plenary meeting and transmitted to the Senate, no. 2340/10.
Full report: February 11, 2010.
Parliamentary papers. -Project referred to by the Senate, no. 4-1657/1. -Amendments, no. 4-1657/2. -Report on behalf of the Committee, no. 4-1657/3. -Text corrected by the commission, No 4-1657/4. -Decision not to amend, no. 4 - 1657/5.