Article 1410

a term excluding or limiting the legal liability of a merchant in the event of the death of a consumer or personal injury to the latter resulting from an act or omission of the merchant;

a term excluding or limiting the legal liability of a merchant in the event of loss of or injury to the consumer’s property resulting from an act or omission of the merchant;

a term inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the merchant or another party in the event of total or partial non-performance or inadequate performance by the merchant of any of the contractual obligations, including the option of offsetting an obligation owed to the merchant against any claim which the consumer may have against him;

a term making an agreement binding on the consumer whereas provision of services by the merchant is subject to a condition whose realization depends on the latter’s will alone;

a term permitting the merchant to retain sums paid by the consumer where the latter decides not to conclude or perform the contract, without providing for the consumer to receive commensurate compensation from the merchant where the latter is the party canceling the contract;

a term requiring any consumer who fails to fulfill his obligation to pay a disproportionately high sum in compensation;

a term authorizing the merchant to terminate the contract on a discretionary basis where the same facility is not granted to the consumer, or permitting the merchant to retain the sums paid for goods or services not yet supplied by him where it is the merchant himself who terminates the contract;

a term enabling the merchant to terminate a contract of indeterminate duration without reasonable notice except where there are serious grounds for doing so;

a term which provides for automatic extension of a contract of fixed duration unless the consumer indicates to the contrary, when the deadline fixed for the consumer to express this desire not to extend the contract is unreasonably early;

a term enabling the merchant to alter the terms of the contract unilaterally without a valid reason which is specified in the contract;

a term enabling the merchant to alter unilaterally without a valid reason any characteristics of the product or service to be provided;

a term providing for the price of goods to be determined at the time of delivery or allowing a merchant to increase the price without in both cases giving the consumer a corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded;

a term giving the merchant the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract;

a term limiting the merchant’s obligation to respect commitments undertaken by his agents or making his commitments subject to compliance with a particular formality;

a term obliging the consumer to fulfill all his obligations where the merchant does not perform his;

a term giving the merchant the possibility of transferring his rights and obligations under the contract, where this may serve to reduce the guarantees for the consumer, without the latter’s agreement; and

a term excluding or hindering the consumer’s right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take-disputes exclusively to arbitration, unduly restricting the evidence available to him or imposing on him a burden of proof which should lie with another party to the contract.