Chapter II: Unfair terms

In contracts concluded between professionals and consumers, terms which have as their object or effect: the following are irrebuttably presumed to be unfair, within the meaning of the provisions of the first and fourth paragraphs of Article L. 212-1 and therefore prohibited, clauses which have the object or effect of : 1° To record the consumer’s agreement to terms which do not appear in the written document which he accepts…

In contracts concluded between professionals and consumers, are presumed to be unfair within the meaning of the provisions of the first and fifth paragraphs of article L. 212-1, unless the trader can prove otherwise, terms which have the object or effect of : 1° Providing for a firm commitment on the part of the consumer, whereas the performance of the trader’s services is subject to a condition the fulfilment of…

The 3° of article R. 212-1 and 4° and 6° of article R. 212-2 are not applicable to: 1° Transactions concerning transferable securities, financial instruments and other products or services whose price is linked to fluctuations in a price, index or rate that the professional does not control; 2° Contracts for the purchase or sale of foreign currency, travellers’ cheques or international money orders issued in a post office and…

The 3° of article R. 212-1 and 6° of article R. 212-2 do not preclude the existence of clauses by which the supplier of financial services reserves the right to change the rate of interest owed by or to the consumer, or the amount of any charges relating to financial services, without any prior notice in the event of a legitimate reason, provided that the professional is required to inform…

The provisions of articles R. 212-1 to R. 212-4 are also applicable to contracts concluded between professionals and non-professionals.