French Consumer Code
In forceIn 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 which depends solely on the consumer's will;
2° Authorising the trader to retain sums paid by the consumer where the latter waives the right to conclude or perform the contract, without providing for the consumer's right to receive compensation of an equivalent amount, or equal to twice the amount in the event of the payment of a deposit within the meaning of article L. 214-1, if it is the trader who renounces;
3° Impose on a consumer who does not fulfil his obligations compensation of a manifestly disproportionate amount;
4° Allow the trader to terminate the contract without giving reasonable notice;
5° Allowing the trader to assign his contract without the consumer's agreement and where such assignment is likely to result in a reduction in the consumer's rights;
6° Reserving to the trader the right to unilaterally amend the terms of the contract relating to the rights and obligations of the parties, other than those provided for in 3° of Article R. 212-1;
7° Stipulating an indicative date for performance of the contract, except where authorised by law;
8° Making cancellation or termination of the contract subject to conditions or procedures that are more stringent for the consumer than for the trader;
9° Unjustifiably limiting the means of proof available to the consumer;
10° Eliminating or hindering the exercise of legal actions or means of redress by the consumer, in particular by obliging the consumer to refer exclusively to an arbitration jurisdiction not covered by legal provisions or to go exclusively through an alternative dispute resolution method.
Article R212-2
French Consumer CodeIn force
Updated 7 Nov 2023
