CONSUMER PROTECTION ACT 1991
ENACTED BY THE PARLIAMENT
(Signed by the King;countersigned by the Minister of Economic Affairs,the Minister of Justice and the Secretary of State for the Middle Classes)
14 July 1991
Entry into force:29 February 1992
Territorial application :Belgium
TABLE OF CONTENTS
Arrangement of sections……………………………………………………………… 3
Text of the Act………………………………………..………………………………23
Arrangement of Sections
CHAPTER I General Definitions
CHAPTER Il-Consumer Information
PART 1 ¡XNotification of Prices
2; Need to display prices.
3. Inclusive price.
4. Price in Belgian francs.
5. Ecpression of price reductions.
6. Power to issue regulations.
PART 2¡X NotificatIon of Quantftles
8. Display of quantity on pre-packaged goods.
9. Person liable to display quantity.
10. Substitute quantity display by retailer.
11. Display by weighing machines etc. for goods sold loose.
12. Power to issue regulations.
PART 3-Name,Composition am] Labetrig of Products & Service
13. Presentation of labelling information.
14. Power to issue regulations.
15. Power to issue regulations for homogeneous services.
CHAPTER III ¡X Designation of Origin
17. Conditions for carrying designated names.
18. Publication in Moniteur Beige of proposal to designate a name.
19. Certificates of origin.
20. Improper use of designated names.
21. Prohibition of ¡¥weasel words¡¦or other evasive devices.
CHAPTER IV Advertising
23. Prohibition of misleading and improper advertising.
24. Proof of accuracy.
25: Inclusion of quantity information for pre-packaged goods.
26. References to prices or price reductions.
27. Action for discontinuance for breach of s23.
28. Powers to restrict or prescribe content of advertising in interests of consumers or environment.
29. Committee on advertising and labelling in relation to environment.
CHAPTER V General Provisions concerning
Sales of Products and Services
PART 1 -Obigatbn to provide consumer thlormat ion
30. Information supplied to consumer.
PART 2¡X Unfair Terms
32. Examples of unfair terms.
33. Fate of unfair terms.
34. Power to prohibit certain terms.
PART 3-The Connittee on Unfair Terms
35. Constitution and tasks of the Committee.
36. Powers of the Committee.
PART 4¡X Documents relating to the Sab of Products and Services
37. Obligation on seller to issue supportion document to buyer.
38. No obligation to pay until issue of document.
39. Issue of order form where delivery not immediate.
CHAPTER VI¡X Certain Trade Practices
PART 1¡XSais at a Loss
40. Prohibition to sell at a loss.
PART 2-Announcement of Price Reductbns and Price Comparisons
42. Regulation of announcements of price reductions.
43. Genuineness and evidence supporting price
44. Prohibition of price reduction announcements for certain products or services.
45. Exhaustion of reduced price goods.
PART 3¡XCbskig--down Sales
47. Prohibition on announcing a closing-down sale a o t complying with definition.
48. Need for prior notice of intention to hold closing -down sale.
PART 4¡X Clearance Sales
50. Prohibition on announcing a clearance sale not complying with definition.
51. Conditions for holding clearance sale.
52. Times when clearance sales may lawfully be held.
53. Times when clearance sales are prohibited.
PART 5Combhied Offer of Products or Servces
54. Definition and prohibition.
55. Permissibility of quasi ¡X combined offers.
56. Permissibility of linked sales of certain products.
57. Permissibility to throw in certain vouchers with a purchase.
58. Redemption of vouchers.
59. Issuers of vouchers to be registered.
60. Vouchers to bear identification data of issuer.
61. Removal of issuers from the register.
62. Power to issue regulations governing the format and conditions of issue of vouchers.
PART 6¡X Vabe Coupons
64. Conditions for distribution of value coupons.
65. Liability to pay face value.¡¦
66. Obligations of seller and issuer.
67. Power to issue regulations.
68. Prohibition on distributing value coupons when clearance sales prohibited.
PART 7¡X AUCtIOn Sales
69. Scope of this Part.
70. Ohly permissible for secondhand objects.
71. Closing-down sales by auction;date of auction sale; notification and display of inventory of auction goods.
72. Permitted premises.
73. Breach of s.70.
74. Auctioneer to withdraw in certain circumstances.
75. Power to authorise exceptions.
PART 8¡X Unsolicked Otters
76. Prohibition of unsolicited offers.
PART 9¡X Distance Sale
77. Definition; prohibition in case of mentally ill.
78. Cooling-off period.
79. Details and document to be given to purchaser.
80. Burden of proof on the seller.
81. Impossibility of supply; burden of risk; withdrawal by purchaser.
82. Nuffity of waiver of consumer¡¦s rights.
83. Power to issue regulations.
PART 10¡Xlegal Seing Practices
84. Prohibition of chain selling and ¡§snowball¡¨ selling.
85. Prohibition on playing on charitable generosity of potential purchasers.
PART 11¡XConsumer Sales Outside the Seler¡¦s Premises
88. Need for contract in writing.
89. Cooling-off period
90. Cooling-off period when there is a trial period.
91. Withdrawal by purchaser.
92. Itinerant traders.
CHAPTER VII Acts Contraty to Fair Practice
93. Prohibition of unfair acts damaging other sellers.
94. Prohibition of unfair acts damaging consumers.
CHAPTER VIII¡X Action for Discontinuance
95. Injunction for acts infringing this Act.
96. Exclusion for infringements of inteiltetual property rights.
97. Injunction for trading without being registered.
98. Those entitled to bring an injunction application.
99. Posting of injunction order outside malefactor¡¦s premises.
100. Procedure on an injunction application.
CHAPTER IX Warning Procedure
101. Official warning to mend ways.
CHAPTER X ¡X Sanctions
PART 1¡X Penal Sanctions
102. Fines between 250 and 10,000 Bfr.
103. Fines between 500 and 20,000 Bfr.
104. Fines between 1,000 and 20,000 Bfr.
105. Offences against sections 84 and 85.
106. Action for discontinuance to have priority.
107. Double penalty under section 104 for repeat offences.
108. Publicity for judgment outside offender¡¦s premises or in newspapers.
109. Vicarious liability of companies, associations and members of trade associations.
110. Application of Book I of the Criminal Code.
PART 2 ¡X Removal from the Register
111. Power of Minister to remove certain malefactors from the register.
112. Procedural safeguards.
CHAPTER XI¡X Investigation and Establishme nt of Acts prohibited by this Act
113. Authority to investigate offences referred to in sections 102 to 105.
114. Authority to investigate acts subject to an action for discontinuance.
115. Authority to investigate offences mentioned in section 97.
116. Settlement and composition of penalties.
117. Seizure of offending products.
118. Remedies against infringement for holders of certificate of origin.
119. Exhaustion of such remedies if certificate holder does not bring proceedings.
CHAPTER XII ¡X Amend ing,Repealing and Transitional Provisions
120. S.589(1)of the Judicial Code.
122. Existing decrees.
CHAPTER XIII ¡X Final Provisions
123. Entry into force.
124. Procedure for exercising powers.
Act of 14 July 1991 on trade practices and consumer information and protection.
BAUDOUIN,King of the Belgians,
To all,now and in the future,greetings.
The Chambers have adopted and We sanction the following: