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 or which are included in another document to which no express reference is made when the contract is concluded and of which he was unaware before the contract was concluded;
2° Restricting the trader's obligation to respect commitments made by his employees or agents;
3° Reserving to the trader the right to unilaterally amend the terms of the contract relating to its duration, the characteristics or the price of the goods to be delivered or the service to be provided;
4° Granting the trader alone the right to determine whether or not the goods delivered or services provided comply with the terms of the contract or conferring on him the exclusive right to interpret any term of the contract;
5° Compelling the consumer to perform his obligations when, conversely, the trader would not perform his obligations to deliver or guarantee a good or his obligation to provide a service;
6° Eliminating or reducing the consumer's right to compensation in the event of a breach by the trader of any of his obligations;
7° Denying the consumer the right to rescind or cancel the contract in the event of non-performance by the trader of his obligations to deliver goods or provide a guarantee or his obligation to supply a service;
8° Granting the trader the right to terminate the contract at his discretion, without granting the same right to the consumer;
9° Allowing the trader to retain sums paid in respect of services not provided by him, where he himself terminates the contract at his own discretion;
10° Making termination of open-ended contracts subject to a longer period of notice for the consumer than for the trader;
11° Making termination by the consumer, in open-ended contracts, subject to payment of compensation to the trader;
12° Imposing on the consumer the burden of proof, which, under the applicable law, should normally fall on the other party to the contract.