Section 4: Rules of good conduct

In good time, before being bound by a contract, the person being canvassed shall receive information laid down by decree in the Conseil d'Etat, relating in particular to:

1° The name and business address of the natural person canvassing ;

2° The name, address and, where applicable, the registration number referred to in article L. 546-1 of the legal entity or entities on whose behalf the direct marketing is being carried out;

3° The name, address and, where applicable, the registration number referred to in article L. 546-1 of the legal entity appointed in application of I of article L. 341-4 if the direct marketing is carried out on behalf of such an entity;

4° The specific information documents relating to the products, financial instruments and services offered as required by the legislative and regulatory provisions in force or, in the absence of such documents, an information memorandum on each of the products, financial instruments and services offered, drawn up under the responsibility of the person or institution using the direct marketing services and indicating, where applicable, the specific risks that the products offered may entail;

5° The terms of the contractual offer, in particular the total price actually payable by the person canvassed or, where an exact price cannot be indicated, the basis for calculating the price, enabling the person canvassed to verify the price, the terms under which the contract will be concluded, in particular the place and date of signature of the contract;

6° The existence or absence of the right of withdrawal, as provided for in articles L. 222-7 to L. 222-12 of the Consumer Code or in article L. 341-16 of this Code, as the case may be, and how it may be exercised;

7° The law applicable to the pre-contractual relationship and to the contract, and the existence of any clause concerning the choice of jurisdiction.

The information communicated by the supplier to the person canvassed on contractual obligations shall comply with the law applicable to the contract in the event of its conclusion.

This information, the commercial nature of which must be unequivocal, shall be provided in a clear and comprehensible manner by any means appropriate to the distance communication technique used.

The Conseil d'Etat decree referred to in the first paragraph also sets out the specific procedures applicable in the case of voice telephony communications.

These provisions are applicable without prejudice to the application of legislative and regulatory obligations specific to each product, financial instrument or service offered.