In determining whether a commercial practice uses harassment, coercion, including the use of physical force, or undue influence, account shall be taken of:

1. (a)

   its timing, location, nature or persistence;

2. (b)

   the use of threatening or abusive language or behaviour;

3. (c)

   the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer's judgement, of which the trader is aware, to influence the consumer's decision with regard to the product;

4. (d)

   any onerous or disproportionate non-contractual barriers imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader;

5. (e)

   any threat to take any action that cannot legally be taken.