A commercial practice shall be deemed aggressive where, through harassment, constraint or undue influence, it significantly affects or is likely to significantly affect the consumer's freedom of choice or behaviour with regard to an item of goods or service and, consequently, causes or is likely to cause the customer to take a commercial decision he/she would not have taken.
To determine whether a commercial practice resorts to harassment, constraint or undue influence, the following elements shall be taken into account:
- The time and place of the practice, its nature and persistence;
- Use of physical or verbal threat;
- Informed exploitation by the professional of any specific misfortune or circumstance of such gravity as to impair the consumer's judgment in a bid to influence the customer's decision with regard to the product;
- Any major or disproportionate non-contractual barrier imposed by the professional where a customer wishes to exercise his/her contractual rights, especially the right to terminate the contract or change product or supplier;
- Any threat of action whereas such an action is not legally possible.
Without prejudice to the legislation in force, the following commercial practices shall be deemed aggressive in all circumstances:
- Giving the consumer the impression that he/she would not be able to leave the business premises without signing a contract;
- Personally visiting the consumer's residence without heeding to the said consumer's refusal of door-to-door sales or canvassing, or the consumer's request for the professional to leave his/her premises or not to come back;
- Indulging in unwanted canvassing through telephone, fax, e-mail or any other distance wireless communication tool, without prejudice to the legal or regulatory provisions authorizing him to enforce a contractual obligation etc.