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2 AOUT 2002. - Act respecting misleading advertising and comparative advertising, abusive clauses and remote contracts with respect to liberal professions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
It transposes Directive 84/450/EEC of 10 September 1984 on misleading advertising, as amended by Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997, Directive 93/13/EEC of 5 April 1993 on abusive clauses in contracts with consumers, Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on consumer protection in respect of remote contracts, and Directive 98/27/EC
Art. 2. For the purposes of this Act:
1° liberal profession: any independent professional activity for the provision of services or goods, which does not constitute an act of trade or a craft activity referred to in the Act of 18 March 1965 on the register of crafts and which is not covered by the Act of 14 July 1991 on trade practices and information and consumer protection, excluding agricultural and livestock activities;
2° client: any natural or legal person who, in the contracts referred to in this Act, acts for purposes not falling within the scope of his or her professional activity;
3° professional authority: the professional order or the competent professional institute under the law to regulate the professional activity of a specified profession;
4° Advertising: any form of communication made in the context of a liberal profession for the direct or indirect purpose of promoting the provision of goods or services, including immovable goods, rights and obligations, and excluding communications prescribed by law;
5° advertiser: the person in favor of or on behalf of whom the advertisement is made or who ordered it;
6° distance contract: any contract with respect to goods or services entered into between a holder of a liberal profession and a client within the framework of a system of sale or provision of remote services organized by the holder of the liberal profession, which, for this contract, uses only one or more remote communication techniques to the conclusion of the contract, including the conclusion of the contract itself;
7° distance communication technique: any means that, without the physical and simultaneous presence of the liberal profession and the client, may be used for the conclusion of the contract between the parties;
8° communication technology operator: any natural or legal person, public or private, whose professional activity is to make available to the holders of a liberal profession one or more remote communication techniques;
9° Financial services: the services referred to in Article 77, § 1^er4° of the Law of 14 July 1991 on Trade Practices and on Consumer Information and Protection, replaced by the Law of 25 May 1999.
Art. 3. In the event that a liberal profession is exercised within the framework of a legal entity, without that legal entity holding a liberal profession, the legal person is also bound by the provisions of this Act.
CHAPTER II. - Deceptive and comparative advertising
Art. 4. Without prejudice to the application of more restrictive laws, any misleading advertising is prohibited in the field of liberal professions.
Is misleading an advertisement that, in any way, including its presentation, misleads or is likely to mislead the persons to whom it addresses or touches and who, because of its misleading character, is likely to affect their economic behaviour or who, for these reasons, is liable to prejudice or is likely to harm a competitor.
Art. 5. To determine whether an advertisement is misleading, it is taken into account all its elements, including its indications regarding:
1° the characteristics of goods or services, such as their availability, nature, performance, composition, mode and date of manufacture or delivery, their appropriate character, uses, quantity, specifications, geographic or commercial origin, results that may be expected of their use, the results and essential characteristics of tests or controls carried out on goods or services;
2° the price or mode of establishment and the conditions of supply of goods or services;
3° the nature, qualities and rights of the advertiser, such as his identity and heritage, his qualifications and his industrial, commercial or intellectual property rights or the prices he received and his distinctions.
In addition, it will be taken into account the omissions of essential information relating to points 1°, 2° and 3° of the first paragraph.
Art. 6. § 1^er. Is a comparative advertising, an advertisement that explicitly or implicitly identifies a competitor or goods or services offered by a competitor.
§ 2. Without prejudice to the application of more restrictive laws, comparative advertising in liberal professions is lawful, provided that the comparison is concerned, provided that the following conditions are met:
1° it is not misleading within the meaning of Articles 4 and 5;
2° compares goods or services that meet the same needs or have the same purpose;
3° it objectively compares one or more essential, relevant, verifiable and representative characteristics of these goods and services, the price of which may be part of;
4° it does not cause confusion on the market between the advertiser and a competitor or between the distinguishing marks, names or other signs, goods or services of the advertiser and those of a competitor;
5° does not result in the discredit or denigratation of marks, names, other distinctive signs, goods, services, activities or situation of a competitor;
6° for products having an original name, it refers in each case to products having the same name;
7° it does not unduly benefit from the notoriety attached to a brand, name or other distinctive signs of a competitor or the original name of competing products;
8° it does not present goods or services such as imitation or reproduction of goods or services bearing a protected mark or name.
§ 3. Any comparison referring to a special offer must clearly and unequivocally indicate the date on which the special offer is terminated or, if any, the fact that it is valid until the goods or services are exhausted and, if the special offer has not yet begun, the date of the beginning of the period during which a special price or other specific conditions are applicable.
§ 4. By derogation from § 2, professional authorities may, according to the usual method of establishing their ethical rules, prohibit or restrict comparative advertising to the extent necessary to preserve the dignity and ethics of the liberal profession concerned.
§ 5. By derogation from § 2, where there is no professional authority for the liberal profession concerned, the King may, after investigation, prohibit or restrict comparative advertising to the extent necessary to preserve the dignity and ethics of that profession.
§ 6. The King may prohibit or restrict, after the advice of professional authorities, comparative advertising to preserve public health.
CHAPTER III. - Undue clauses
Art. 7. § 1^er. Any undue clause in a contract with his client by the holder of a liberal profession, acting as part of his professional activity, is prohibited and void.
The contract remains binding on the parties if it can remain without abusive clauses.
§ 2. Any clause or condition that has not been the subject of individual negotiations is undue and that creates at the expense of the customer a significant imbalance between the rights and obligations of the parties, except clauses that reflect mandatory legislative or regulatory provisions as well as provisions or principles of international conventions to which Belgium or the European Union is a party.
§ 3. A clause is always considered not to have been the subject of an individual negotiation when it was drafted beforehand and that the customer, as a result, was unable to influence its content, particularly in the context of an accession contract.
The fact that certain elements of a clause or an isolated clause have been the subject of an individual negotiation does not exclude the application of this Act to the rest of a contract if the overall assessment makes it possible to conclude that it is an accession contract.
If the holder of a liberal profession claims that a standardized clause has been the subject of individual negotiation, the burden of proof is on him.
§ 4. The clauses listed in the Schedule to this Act are prohibited and void, even if negotiated.
Art. 8. The abusive nature of a contractual clause is appreciated by taking into account the nature of the goods or services that are the subject of the contract and by referring, at the time of the contract's conclusion, to all the circumstances surrounding its conclusion, as well as to all other clauses of the contract, or to another contract of which it depends.
The assessment of the abusive nature of the clauses does not relate to the definition of the principal object of the contract, or to the adequacy between the price or remuneration, on the one hand, and the services or goods to be provided for consideration, on the other hand, provided that these clauses are clearly and understandably drafted.
Art. 9. Where all or certain clauses of the contract referred to in Article 7, § 1^er, are written, these clauses must be written clearly and understandably.
In case of doubt about the meaning of a clause, the most favorable interpretation to the client prevails. This rule of interpretation is not applicable as part of the termination action provided for in sections 18 to 24 of this Act.
Art. 10. § 1^er. The Commission on Unlawful Clauses, referred to in sections 35 and 36 of the Law of 14 July 1991 on Trade Practices and on Consumer Information and Protection, as amended by the Act of 7 December 1998, is subject to clauses and conditions used in contracts between the holders of liberal professions and their clients.
§ 2. For the application of § 1^er, the Commission may be seized by Ministers with Justice or Economic Affairs in their responsibilities, by the competent minister for the liberal profession concerned, by consumer organizations or customers, by professional authorities or by interested professional or interprofessional groups.
She can also seize on her own.
§ 3. The Commission recommends that:
1° the deletion or modification of the clauses and conditions that appear to it to create a clear imbalance between the rights and obligations of the parties, to the detriment of the client;
2° the insertion of mentions, clauses and conditions which seem necessary for the information of the client or whose absence seems to him to create a clear imbalance between the rights and obligations of the parties, to the detriment of the client;
3° a writing and a presentation of the clauses and conditions that are likely to allow the client to understand the meaning and scope of the clauses.
Professional authorities, professional or inter-professional groupings and consumer or customer organizations may request the Commission's opinion on draft clauses or conditions used in contracts between the holders of the professions and their clients.
§ 4. As part of its competence, the Commission proposes to the Ministers concerned the legislative or regulatory amendments that appear desirable to it.
§ 5. The Commission on Unlawful Clauses prepares and publishes an annual report of its activity. This includes the full text of the recommendations and proposals made during the year.
§ 6. The King shall determine the composition and operation of the Commission as part of the application of this article.
CHAPTER IV. - Remote contracts
Art. 11. Without prejudice to the application of more restrictive laws, the provisions of this chapter apply to any remote contract with the client by the holder of a liberal profession, acting as part of his professional activity, with the exception of contracts relating to financial services.
In the circumstances and in the light of the terms and conditions it determines, if any, the King may, by order deliberately in the Council of Ministers, declare certain provisions of this chapter applicable to contracts relating to financial services or to categories of them.
It may also prescribe special provisions for public sales organized by means of a remote communication technique.
Art. 12. In a timely manner prior to the conclusion of the remote contract, the holder of a liberal profession must provide the customer, in a clear and understandable manner by any means adapted to the remote communication technique used, the following information:
1° the identity of the holder of the profession and the geographical address of the place of his institution;
2° the essential characteristics of the good or service;
3° the price of the good or service, all taxes included;
4° shipping costs, if applicable;
5° the terms of payment, delivery or execution;
6° the existence or, in the cases referred to in Article 14, § 3, the absence of a right to waiver;
7° the cost of using the remote communication technique, when calculated on a basis other than the basic tariff;
8° the validity of the offer or price;
9° where applicable, the minimum duration of the contract in the case of contracts relating to the sustainable or periodic supply of a property or service.
In addition, in the event of telephone communication, the holder of a liberal profession is required to explicitly indicate at the beginning of any conversation with a client his identity and the professional purpose of his appeal.
Art. 13. At the latest, upon delivery of the property or prior to service delivery, the licensee of the liberal profession must provide the customer, in writing or on any other sustainable support available to it and to which it has access, the following information:
1° confirmation of the information referred to in Article 12, paragraph 1^er, points 1° to 6°, unless this information has already been provided to the customer prior to the conclusion of the contract in writing or on another durable medium at its disposal and to which it has access;
2. the conditions and procedures for the exercise of the right to waiver, including the cases referred to in article 14, § 3;
3° the geographic address of the establishment of the holder of the liberal profession where the client can present his claims;
4° after-sales services and existing guarantees;
5° the conditions for termination of the contract when the contract is indefinite or longer than one year.
Art. 14. § 1^er. The customer may, without penalty and without any indication of reason, waive the contract for a period of not less than seven business days from the date of receipt of the property or, for services, the conclusion of the contract.
However, if, at that time, the holder of the liberal profession did not fulfill the obligations set out in section 13, the period referred to in the preceding paragraph is extended to three months. If, within this three-month period, the information referred to in Article 13 is provided, the seven-day working day period referred to in the previous paragraph begins to run at that time.
§ 2. When the right to waiver is exercised by the client in accordance with this section, the holder of the liberal profession is required to reimburse, as soon as possible and, in any case, within thirty days, the amounts paid by the client.
The only costs that may be charged to the client due to the exercise of his right to waiver are the direct costs of returning the goods.
§ 3. Unless otherwise agreed by the parties, the client shall not exercise the right to waiver for contracts:
1° of service delivery commenced, with the client's agreement, before the end of the seven working days period provided for in § 1^er;
2° of supply of goods or services that are priced according to fluctuations in financial market rates, which the holder of the liberal profession is not in a position to control;
3° of supply of goods made according to the customer's specifications or clearly customized or which, because of their nature, cannot be re-dispatched or are likely to deteriorate or perish quickly;
4° providing audio or video recordings or computer software stored by the client.
§ 4. If the price of the property or service, subject to the contract, is wholly or partially covered by a credit granted by the holder of the liberal profession or by a third party on the basis of an agreement between that third party and the holder of the liberal profession, the credit contract shall be terminated in full right, without penalty, when the customer exercises his right to waive in accordance with this section.
When, in accordance with the preceding paragraph, the credit is granted by a third party, the third party is informed, without delay, by the holder of the liberal profession of the client's waiver.
Art. 15. § 1^er. Unless otherwise agreed by the parties, the holder of the liberal profession must complete the order within 30 days of the day on which the customer forwarded this order to the licensee.
In the event of failure to perform the contract by the holder of the liberal profession resulting from the unavailability of the property or service ordered, the customer must be informed of this unavailability. The customer may request that the amounts paid in payment, if any, be refunded to the customer as soon as possible and, in any case, within 30 days.
§ 2. In the event of the use by a customer of an electronic transfer instrument of funds within the framework of a remote contract, the provisions of Article 81, § 5, of the Law of 14 July 1991 on trade practices and information and consumer protection are applied.
Art. 16. Proof of the existence of prior information, written confirmation or on a sustainable basis, respect for the time limits and consent of the client is the responsibility of the liberal profession.
Art. 17. § 1^er. It is forbidden for the holder of a liberal profession to send a person, without prior request from him, any property, by inviting him to acquire that property against payment of his price or, if not, to return it to his shipper, even at no cost.
It is also prohibited for the holder of a liberal profession to provide a person, without prior request, with any service by inviting him to accept that service against payment of his or her price.
In no case shall the recipient be required to pay the service provided or the property sent or to return the service, even if a presumption of tacit acceptance of the service or purchase of the property has been formulated.
§ 2. In the absence of prior consent from the customer, the use, for promotional purposes, of the holder of a liberal profession of the following remote communication techniques is prohibited:
- automated call system without human intervention (call automate);
- fax.
The King may extend the list of the above-mentioned techniques.
Remote communication techniques that allow individual communication and are not referred to in the preceding paragraph may not be used, for promotional purposes, by the holder of a liberal profession only in the absence of a customer's opposition.
CHAPTER V. - From action to cessation
Art. 18. The President of the Court of First Instance finds the existence and orders the cessation of an act, even criminally repressed, which constitutes an offence under this Act.
It may prohibit the broadcast of a misleading advertisement or of an illegal comparative advertisement not yet known to the public, where there are indications of the imminence of their dissemination.
Without prejudice to the application of section 811 of the Judicial Code, it may also order a communication technology operator, where it is in a position to do so, to terminate non-compliant practices under Chapter IV.
Art. 19. Section 18 does not apply to counterfeit acts that are sanctioned by the laws on invention patents, trademarks of products or services, drawings or models and copyright and neighbouring rights.
However, the previous paragraph is not applicable to the service marks used in Benelux territory on the date of entry into force of the Protocol of 10 November 1983 amending the Benelux Uniform Act on trademarks where the Benelux Uniform Act on trademarks does not allow the owners of the aforementioned trademarks to invoke the provisions of trademark law.
Art. 20. The action referred to in section 18 shall be taken upon request:
1° of interested persons;
2° of professional authority or professional or interprofessional grouping with civil personality;
3° of an association whose purpose is to defend the interests of consumers, provided it enjoys civil personality and is represented on the Consumer Council;
4° of a mutual or national union;
5° of the competent minister or competent ministers for the matter concerned.
Action taken at the request of an association referred to in paragraph 1^er, 3°, and in respect of an act constituting an offence under section 7 may be directed, separately or jointly, against several holders of the same liberal profession or their professional or interprofessional groupings who use or recommend the use of the same general contractual clauses, or similar clauses.
By derogation from sections 17 and 18 of the Judicial Code, the entities referred to in paragraph 1^er, 2°, 3° and 4°, may act in court for the defence of their collective interests that are statutoryly defined.
Art. 21. Where an act, even criminally repressed and originating in Belgium, reads the collective interests of the clients in another Member State of the European Union, and is, according to the rules relating to the applicable law, an offence to the provisions of this Act or an offence to those of the law of a Member State transposing the directives referred to in Article 1^er, paragraph 2, any qualified entity of that other Member State may request the President of the Court of First Instance to determine the existence and order the termination of that act.
By qualified entity, it is necessary to hear any organization or organization constituted in accordance with the law of a Member State, whose purpose is to protect the collective interests of consumers and which is on the list of qualified entities established by the European Commission and published in the Official Journal of the European Communities.
The presiding judge accepts the list referred to in the preceding paragraph as proof of the ability to act as a qualified entity, without prejudice to his right to examine whether the subject matter of the qualified entity justifies its action.
Art. 22. The cessation action referred to in sections 18 and 21 shall be formed and instructed in the form of the referee.
It may be filed by contradictory request in accordance with articles 1034 to 1034sexies of the Judicial Code. The request is signed by a lawyer.
It is decided on the action notwithstanding any prosecution due to the same facts before a criminal court.
The judgment is enforceable by provision, notwithstanding any avenue of appeal, and without bail.
Any decision shall be communicated to the competent professional authority and to the competent minister in the eighties and to the due diligence of the Registrar of the competent court.
In addition, the Registrar of the Jurisdiction to which an appeal is brought against a decision under sections 18 or 21, is required to promptly inform the professional authority or the competent minister of the introduction of the appeal.
Art. 23. § 1^er. The termination action relating to an advertisement not in accordance with the provisions of this Act shall be borne by the advertiser of the advertisement.
However, when the advertiser is not domiciled in Belgium and has not designated a responsible person with his or her home in Belgium, the action on termination may also be taken on the charge of:
- the publisher of written advertising or the producer of audiovisual advertising;
- the printer or director, if the publisher or producer does not have their domicile in Belgium and did not designate a responsible person with his domicile in Belgium;
- the distributor as well as any person who knowingly contributes to the effect of advertising, if the printer or director do not have their domicile in Belgium and did not designate a responsible person with his domicile in Belgium.
§ 2. The President of the Court of First Instance may:
1° require that the advertiser provide evidence regarding the material accuracy of the factual data contained in the advertisement if, in the light of the legitimate interests of the advertiser and any other party to the proceedings, such a requirement appears appropriate in the circumstances of the case of a case, and
2° consider factual data as inaccurate if the evidence required in accordance with point 1° is not provided or if it considers them inadequate.
Art. 24. The President of the Court of First Instance may prescribe the posting of his or her decision or the summary that he or she prepares, during the period that he or she determines, both outside and within the institutions of the offender and order the publication of his or her judgment or summary by newspaper or in any other way, at the expense of the offender.
However, these advertising measures may only be prescribed if they are likely to contribute to the cessation of the offence or its effects.
CHAPTER VI. - Criminal sanctions
Art. 25. A fine of EUR 250 to EUR 10,000 is imposed on those who commit an offence to the following provisions relating to remote contracts:
1° Articles 12, paragraph 1^er, 6° and 13, 2°;
2° Article 17, § 1^er.
Art. 26. A fine of EUR 1,000 to EUR 20,000 is imposed, those who do not comply with any judgment or judgment rendered under sections 18 or 21 following an action on termination.
Without prejudice to the usual rules of recidivism, the penalty provided for in the first paragraph is doubled in the event of an offence referred to in the first paragraph, acting within five years of a conviction cast in force of a sentence deemed pronounced by the head of the same offence.
Art. 27. When the facts submitted to the court are the subject of an action on termination, it can only be decided on criminal action after a decision in force of judgment has been made with respect to the action on termination.
Art. 28. Corporations and associations with civil personality are civilly liable for convictions of damages, fines, fees, confiscations, restitution and monetary penalties imposed for breaches of the provisions of this Act against their organs or agents.
The same is true of members of all professional associations without civil personality, when the offence was committed by a partner, manager or manager, on the occasion of an operation entering into the activity of the association. However, the civilly responsible partner is personally held up to the sums or values it has withdrawn from the transaction.
These societies, associations and members may be quoted directly before the criminal court by the public prosecutor or the civil party.
Art. 29. The provisions of Book 1^er the Criminal Code, without exception of Chapter VII and Article 85, shall apply to offences covered by this Act.
CHAPTER VII. - Final provisions
Art. 30. A clause declaring applicable to a contract referred to in this Act the law of a third State to the European Union shall be deemed not in writing in respect of matters regulated by this Act when, in the absence of this clause, the law of a Member State of the European Union would be applicable and that this law provides greater protection to the client in such matters.
A clause by which the client waives the rights conferred on it by this Act is also deemed unwritten.
Art. 31. Section 587 of the Judicial Code, as amended by the Acts of 3 April 1997, 10 August 1998 and 4 May 1999, is amended as follows:
1° the 3° is deleted;
2° on 6° is replaced by the following provision: "6° on requests under sections 18 and 21 of the Act of 2 August 2002 on misleading advertising and comparative advertising, abusive clauses and remote contracts with respect to liberal professions".
Art. 32. Are repealed:
1° the Act of 21 October 1992 on misleading advertising in respect of liberal professions;
2° the Act of 3 April 1997 on abusive clauses in contracts concluded with their clients by the holders of liberal professions, as amended by the Act of 7 December 1998.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Punat on 2 August 2002.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
For the Minister of Telecommunications and Enterprises
and Public Participation, in charge of the Middle Class, absent:
Minister of Justice,
Mr. VERWILGHEN
Minister of Economy,
Ch. PICQUE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN

Annex
1. Clauses for the purpose or effect of:
(a) to exclude or limit the legal liability of the holder of a liberal profession in the event of the death of a client or of bodily harm to the client, resulting from an act or omission of the holder of a liberal profession;
(b) to improperly exclude or limit the legal rights of the client to the holder of a liberal profession or to another party in the event of total or partial non-performance or defective performance by the holder of a liberal profession of any of the contractual obligations, including the possibility of offsetting a debt to the holder of a liberal profession with a debt he would have against him;
(c) to provide for a firm commitment of the client, while the performance of the services of the holder of a liberal profession is subject to a condition whose realization depends on his sole will;
(d) to allow the holder of a liberal profession to retain amounts paid by the client when the customer renounces the contract, without providing for the right of the client to receive compensation in an amount equal to the share of the holder of a liberal profession when the customer renounces;
(e) impose a disproportionately high allowance on a client who fails to perform its obligations;
(f) authorize the holder of a liberal profession to terminate the contract in a discretionary manner if the same faculty is not recognized to the client, as well as to allow the holder of a liberal profession to retain the amounts paid for benefits not yet realized by the holder of a liberal profession himself that terminates the contract;
(g) authorize the holder of a liberal profession to terminate without reasonable notice an indeterminate contract, except in the event of a serious cause;
(h) to automatically extend a fixed-term contract in the absence of a client's contrary expression, whereas an excessively distant date from the end of the contract has been set as the deadline to express the customer's desire for non-prorogation;
(i) the client's accession to clauses that he did not have, in fact, the opportunity to become acquainted before the conclusion of the contract;
(j) authorize the holder of a liberal profession to unilaterally modify the terms of the contract without valid reason specified in the contract;
(k) authorize the holder of a liberal profession to unilaterally modify without valid reason the characteristics of the product to be delivered or the service to be provided;
(l) to provide that the price of the goods is determined at the time of delivery, or to grant to the seller of goods or the service provider the right to increase their prices, without, in both cases, the customer has a corresponding right to break the contract in case the final price is too high compared to the price agreed upon at the conclusion of the contract;
(m) grant the holder of a liberal profession the right to determine whether the thing delivered or the service provided is in accordance with the terms of the contract or to grant it the exclusive right to interpret any clause of the contract;
(n) to restrict the obligation of the holder of a liberal profession to comply with the commitments made by his or her agents or to submit its commitments to respect a particular formality;
(o) to oblige the client to fulfil their obligations even if the holder of a liberal profession does not perform his or her obligations;
(p) provide for the possibility of transfer of the contract from the holder of a liberal profession, where it is likely to result in a reduction of the guarantees to the client without the agreement of the customer;
(q) delete or interfere with the exercise of legal proceedings or remedies by the client, including by requiring the client to refer exclusively to an arbitration tribunal not covered by legal provisions, by unduly limiting the means of evidence available to the client or by imposing on the client a charge of proof that, under applicable law, should normally return to another part of the contract.
2. Scope of points (g) , (j) and (l):
(a) Point (g) does not preclude clauses by which the financial service provider reserves the right to terminate the undetermined contract unilaterally, without notice in the event of a valid reason, provided that the holder of a liberal profession has the obligation to notify the contracting party(s) immediately.
(b) Point (j) does not preclude clauses whereby the financial service provider reserves the right to change the interest rate due or due to the client, or the amount of any other financial services expenses, without any notice in the event of a valid reason, provided that the holder of a liberal profession is responsible for the obligation to inform the other contracting parties as soon as possible and that the contracting parties are immediately free of charge.
Point (j) also does not preclude clauses whereby the holder of a liberal profession reserves the right to unilaterally modify the terms of an indeterminate contract provided that the holder of an indeterminate contract is entrusted with the duty to inform the customer with reasonable notice and that the latter is free to terminate the contract.
(c) Items (g) , (j) and (l) are not applicable to:
- transactions relating to securities, financial instruments and other goods or services whose price is related to fluctuations in a course or stock index or a financial market rate that the holder of a liberal profession does not control;
- contracts for the purchase or sale of foreign currencies, travellers' cheques or international foreign exchange money orders.
(d) Point (l) does not impede price indexing clauses, provided that they are lawful and that the mode of price change is explicitly described.
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Note
(1) Session 2001-2002.
House of Representatives.
Parliamentary documents. - 50-1469: No. 1: Bill. - No. 2: Amendments. - No. 3: Amendments. - No. 4: Amendments. - No. 5: Amendments. - No. 6: Amendments. - No. 7: Report. - No. 8: Text adopted by the Commission on Trade and Economic Law Problems. - No. 9: Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. - Discussion and adoption. Meetings of May 29 and 30, 2002.
Senate.
Parliamentary documents. - 2-1177: No. 1: Project referred to by the Senate. - No. 2: Amendments. - No. 3: Report. - No. 4: Decision not to amend.
Annales parliamentarians. - Discussion and adoption. Session of July 17, 2002.