Citation: Article 6 (information requirements), Art 7 (off-premises formal requirements), Art 8 (distance formal requirements)
Q: What information must be provided before concluding a distance contract?
A: Traders must provide specified information including identity, price, withdrawal rights, and contract characteristics before the consumer is bound [Art 6].
Key rule (Art 6(1)): Before the consumer is bound by a distance or off-premises contract, the trader shall provide the consumer with the following information in a clear and comprehensible manner…
Rule: 20+ mandatory information items. If withdrawal information not given, the withdrawal period extends by 12 months [Art 10].
| Item | Required Information |
|---|
| (a) | Main characteristics of goods/services |
| (b) | Identity of trader (trading name) |
| (c) | Geographic address for complaints |
| (d) | Telephone, fax, email for quick contact |
| (e) | Geographic address of business (if different from (c)) |
| Item | Required Information |
|---|
| (f) | Total price inclusive of taxes |
| Method of calculation if cannot be determined in advance |
| (g) | Cost of using means of distance communication (if not basic rate) |
| (e) | Delivery costs (or that they apply) |
Contract Terms
| Item | Required Information |
|---|
| (h) | Arrangements for payment, delivery, performance |
| (i) | Complaint handling policy (if any) |
| (j) | Conditions, time limit and procedures for withdrawal |
| (k) | Consumer bears return costs (if applicable) |
| (l) | Costs for services started during withdrawal period |
Digital Content Specific
| Item | Required Information |
|---|
| (r) | Functionality including technical protection measures |
| (s) | Relevant interoperability/compatibility |
Additional Items
| Item | Required Information |
|---|
| (m) | No withdrawal right if exception applies |
| (n) | Reminder of legal guarantee of conformity |
| (o) | After-sales service and guarantees (if any) |
| (p) | Codes of conduct (if any) |
| (q) | Contract duration and termination conditions |
| Requirement | Details |
|---|
| Format | Paper or, with consumer consent, durable medium |
| Legibility | Clear and comprehensible |
| Copy of contract | Must provide signed contract or confirmation |
| Language | Official language of Member State |
| Requirement | Details |
|---|
| Annex I(B) | Must provide model withdrawal form |
| Optional use | Consumer not obliged to use it |
| Requirement | Details |
|---|
| Clear and comprehensible | Adapted to distance communication |
| Appropriate to means | Website, phone, etc. |
| Durable medium | For certain key information |
Website-Specific Rules [Art 8(2)]
| Element | Requirement |
|---|
| Ordering button | Must clearly indicate payment obligation |
| Suggested wording | ”Order with obligation to pay” |
| Consequence | If not complied with, consumer not bound |
Telephone Sales [Art 8(4)]
| Requirement | Details |
|---|
| Identify at outset | Trader’s identity and commercial purpose |
| On behalf of | Identity of person on whose behalf calling |
Space-Limited Means [Art 8(4)]
| Requirement | Details |
|---|
| Minimum info | Essential info before contract |
| Full info | Available via link or other means |
| Essential includes | Main characteristics, identity, price, withdrawal, duration |
Confirmation Requirements [Art 8(7)]
For distance contracts, trader must provide confirmation:
| Timing | Requirement |
|---|
| When | Within reasonable time after conclusion |
| No later than | Delivery of goods / start of service |
| Format | Durable medium |
| Content | All Art 6 information |
| Plus | Confirmation of consumer’s consent for digital content |
Consequences of Non-Compliance
Extended Withdrawal Period [Art 10]
| Failure | Consequence |
|---|
| No withdrawal info | Period extends by 12 months |
| Info given within 12 months | 14 days from when given |
| Maximum | 12 months + 14 days |
Contract Not Binding [Art 8(2)]
| Failure | Consequence |
|---|
| No payment acknowledgment | Consumer not bound by contract |
| Ordering button | Must clearly indicate payment |
AI Agent Implications
For AI agents handling consumer transactions:
| Requirement | Implementation |
|---|
| All Art 6 info | Must be provided before purchase |
| Withdrawal info | Clearly explain 14-day right |
| Model form | Provide Annex I(B) form |
| Durable medium | Email/PDF confirmation |
| Payment button | Clear “order with payment” indication |
| Phone/voice | Identify commercial purpose at start |
Critical for Compliance
| Risk | Mitigation |
|---|
| Extended period | Always provide withdrawal info |
| Contract void | Ensure payment acknowledgment |
| Evidence | Log what info was provided |
Checklist for Distance Contracts