I. – The general terms and conditions of sale include, in particular, the terms of payment, as well as the elements for determining the price such as the scale of unit prices and any price reductions.
II. – Any person engaged in production, distribution or service activities who draws up general terms and conditions of sale is required to communicate them to any purchaser who requests them for a professional activity. These general terms and conditions of sale may be differentiated according to the categories of purchasers of products or services. In this case, the obligation to communicate prescribed in the first paragraph of this II relates only to the general terms and conditions of sale applicable to the same category of purchaser.
III. – Once the general terms and conditions of sale have been drawn up, they form the sole basis of the commercial negotiation.
As part of this negotiation, the parties may agree special terms and conditions of sale which are not subject to the obligation to communicate prescribed in II.
Where the price of a service cannot be determined a priori or indicated accurately, the service provider is obliged to communicate to the recipient who so requests the method of calculating the price enabling the price to be verified, or a sufficiently detailed estimate.
IV. – Any failure to comply with II is punishable by an administrative fine of up to €15,000 for a natural person and up to €75,000 for a legal person.