A commercial practice is also misleading if, taking into account the specific limitations of the means of communication used and the surrounding circumstances, it omits, conceals or provides in an unintelligible, ambiguous or untimely manner any material information or where it does not indicate its true commercial intent where this is not already apparent from the context.
Where the means of communication used imposes space or time limits, in assessing whether material information has been omitted, account should be taken of those limits as well as of any steps taken by the trader to make that information available to the consumer by other means.
In any commercial communication constituting an invitation to purchase and intended for the consumer mentioning the price and characteristics of the goods or service offered, the following information shall be deemed to be material:
1° The main characteristics of the goods or service;
2° The address and identity of the trader;
3° The price inclusive of all taxes and delivery charges payable by the consumer, or how they are calculated, if they cannot be established in advance;
4° The terms of payment, delivery and performance, where these are different from those usually practised in the area of professional activity concerned;
5° The existence of a right of withdrawal, if this is provided for by law;