Distance Sales Contracts
Distance sales contracts are agreements established between the seller or provider and the consumer without their simultaneous physical presence, within the framework of a system designed for the remote marketing of goods or services. These contracts are concluded through the use of remote communication tools until and including the moment the contract is established.
For a contract to qualify as a distance sales contract, three conditions must be met. First, the seller or provider and the consumer must not be physically present in the same environment simultaneously. Second, the contract must be executed within a system designed for remote marketing purposes. Lastly, remote communication tools must be utilized up to and including the moment the contract is concluded.
Consumers must be informed in writing or via a durable medium regarding certain aspects of the distance sales contract before its conclusion and before making any payment. This obligation is regulated under Article 5 of the Regulation on Distance Contracts, titled “pre-contractual information.”
Accordingly, consumers must be provided with information on the following: the essential characteristics of the goods or services subject to the contract; the name, trade name, address, and contact details of the seller, provider, or intermediary service provider; the total price of the goods or services, including all applicable taxes; any additional costs such as shipping or delivery, if applicable; the exercise of the right of withdrawal; and the available legal remedies.
The seller must provide this pre-contractual information clearly, concisely, and comprehensibly in writing or via a durable medium (such as email, SMS, CD, DVD, internet, or memory cards), in accordance with the communication method used, and in a manner that complies with all requirements outlined in the Regulation.
Failure to comply with the pre-contractual information obligation in distance sales contracts can lead to significant consequences. For instance, if the seller fails to inform the consumer about additional costs, the consumer is not obligated to bear such costs. Additionally, if the consumer is not properly informed about the right of withdrawal, the 14-day withdrawal period does not apply, and the right of withdrawal remains valid for one year from the end of the original withdrawal period.
Furthermore, the seller must explicitly and clearly inform the consumer before the order confirmation that the order implies an obligation to make a payment. Otherwise, the consumer is not bound by the order. The seller is also required to confirm that the consumer has received the pre-contractual information using a communication method suitable for the medium used (e.g., phone or internet). If this condition is not fulfilled, the contract is considered invalid.
DISCLAIMER: This blog is for general informational purposes only and does not constitute binding legal advice. For detailed information, please consult an attorney or a legal advisor.