Advance Information to Consumers
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In door-to-door and distance selling the consumer must be provided with certain information well in advance of the conclusion of the contract. The advance information must be given in a clear and comprehensible manner. In door-to-door selling the information must be given on paper or, if the consumer agrees, on another durable medium. In distance selling the information must be given or made available to the consumer in a form suitable for the means of communication used.
There is a statutory requirement to provide the following advance information:
the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods or services;
the identity of the trader, such as his trading name;
the geographical address at which the trader is established and, where applicable, the geographical address and identity of the trader on whose behalf he is acting;
the trader’s telephone number, fax number and e-mail address, where available;
if different from the address provided in accordance with point 3, the geographical address of the place of business of the trader, and, where applicable, that of the trader on whose behalf he is acting, where the consumer can address any complaints;
the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated;
where applicable, all additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;
the cost of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate;
the arrangements for payment, delivery and performance and, where applicable, the trader’s complaint handling policy;
where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right;
where applicable, that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;
that, if the consumer exercises the right of withdrawal, the consumer shall be liable to pay the trader reasonable costs;
where a right of withdrawal is not provided, the information that the consumer will not benefit from a right of withdrawal or, where applicable, the circumstances under which the consumer loses his right of withdrawal;
a reminder of the existence of a legal guarantee of conformity for goods;
where applicable, the existence and the conditions of after sale customer assistance, after-sales services and commercial guarantees;
the existence of relevant codes of conduct and how copies of them can be obtained, where applicable;
the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;
where applicable, the minimum duration of the consumer’s obligations under the contract;
where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;
where applicable, the functionality of digital content including any relevant interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of;
information on the possibility and methods of making a complaint to the Consumer Disputes Board or another redress mechanism.
If the consumer has a right of withdrawal, the consumer must also be provided with a withdrawal form and instructions. The advance information concerning the right of withdrawal may in that case be given in the withdrawal instruction. The form and content of the withdrawal form and withdrawal instruction have been specified in a regulation, [220.127.116.11 Consumer’s Right of Withdrawal].