Unfair commercial practices are prohibited. A commercial practice is unfair where it is contrary to the requirements of professional diligence and alters or is likely to alter substantially the economic behaviour of the consumer who is normally informed and reasonably observant and circumspect, with regard to a good or service.
A commercial practice is misleading if it is committed in any of the following circumstances: 1° Where it creates confusion with another good or service, a trade mark, trade name or other distinguishing sign of a competitor; 2° Where it is based on false or misleading claims, indications or presentations relating to one or more of the following: a) The existence, availability or nature of the good or service; b)…
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…
The following are deemed to be misleading, within the meaning of articles L. 121-2 and L. 121-3, commercial practices aimed at : 1° For a professional to claim to be a signatory to a code of conduct when it is not; 2° To display a certificate, quality label or equivalent without having obtained the necessary authorisation; 3° To claim that a code of conduct has received the approval of a…
The provisions of articles L. 121-2 to L. 121-4 are also applicable to practices that target professionals and non-professionals.
A commercial practice is aggressive when, as a result of repeated and insistent solicitations or the use of physical or moral coercion, and taking into account the surrounding circumstances:1° It significantly alters or is likely to alter a consumer’s freedom of choice;2° It vitiates or is likely to vitiate a consumer’s consent;3° It hinders the exercise of a consumer’s contractual rights.In order to determine whether a commercial practice uses harassment,…
Sont réputées agressives au sens de l’article L. 121-6 commercial practices aimed at : 1° Giving the consumer the impression that he will not be able to leave the premises before a contract has been concluded; 2° Making personal visits to the consumer’s home, ignoring his request to see the trader leave the premises or not to return, unless authorised to do so by national law to ensure performance of…
It is prohibited to abuse a person’s weakness or ignorance in order to induce them, by means of home visits, to enter into commitments in cash or on credit in any form whatsoever, where the circumstances show that the person was not in a position to appreciate the scope of the commitments they were entering into or to detect the tricks or devices used to persuade them to enter into…
It is prohibited to abuse a person’s weakness or ignorance in order to obtain commitments:1° Either as a result of canvassing by telephone or fax;2° Or as a result of a personalised solicitation, without such solicitation necessarily being by name, to visit a place of sale, made at home and accompanied by the offer of particular advantages;3° Or on the occasion of meetings or excursions organised by or for the…
It is prohibited to abuse a person’s weakness or ignorance in order to obtain, without any real consideration, sums in cash or by transfer, bank or postal cheques, payment orders by payment card or credit card or securities, within the meaning of article 529 of the Civil Code.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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