Citation: Regulation 9-14 (main requirements), Schedule 1-2 (information lists), Reg 18 (burden of proof)
Q: What information must be provided before a distance or off-premises contract?
A: Traders must provide specified information including identity, price, cancellation rights, and contract terms before the contract is concluded [Reg 9-14, Schedule 1-2].
Key rule (Reg 9): Before the consumer is bound by an off-premises contract, the trader must give the consumer the information listed in Schedule 1 in a clear and comprehensible manner.
Rule: Pre-contract information is mandatory. The burden of proving it was given is on the trader [Reg 18].
| Item | Information Required |
|---|
| Trader identity | Name, trading name, address, phone, email |
| Main characteristics | Of goods, services, digital content |
| Total price | Including taxes, or how calculated |
| Delivery costs | Or statement that they apply |
| Payment arrangements | Methods, timing |
| Delivery arrangements | Time for delivery/performance |
| Right to cancel | Existence, conditions, time limits, procedures |
| Model cancellation form | Must provide Schedule 3 form |
| Return costs | Who pays for return |
| Contract duration | Including auto-renewal terms |
| Minimum duration | Of consumer’s obligations |
| Digital content | Functionality and compatibility |
| Requirement | Details |
|---|
| Clear and comprehensible | Plain language |
| Appropriate to distance means | Suitable for website, phone, etc. |
| Legible | Readable format |
| Before contract | Prior to consumer being bound |
For Phone Calls [Reg 13(5)]
| Requirement | Details |
|---|
| At start of conversation | Identify as trader, commercial purpose |
| Provide identity | Name and (if applicable) on behalf of whom |
Same information as Schedule 2, plus:
| Item | Additional Requirement |
|---|
| Paper or durable medium | Must be on paper or durable medium |
| Copy of signed contract | Must give copy if signed |
| Confirmation on durable medium | Required |
Legibility [Reg 9]
| Requirement | Details |
|---|
| Legible | Clear print |
| Durable medium | Paper, email, PDF |
| Before contract | Consumer must receive before bound |
On-Premises Contracts [Reg 7-8]
| Requirement | Details |
|---|
| Basic information only | Less extensive than distance/off-premises |
| Applies when | Contract at trader’s premises |
| Schedule 1 applies | If requested by consumer |
Digital Content Rules [Reg 13-14]
| Issue | Requirement |
|---|
| Functionality | Must describe how digital content works |
| Compatibility | Hardware/software requirements |
| Interoperability | With other systems |
Confirmation Requirements [Reg 16]
For distance contracts, trader must:
| Timing | Requirement |
|---|
| Before delivery/performance | Confirm contract on durable medium |
| Information confirmed | All Schedule 2 information |
| Cancellation form | Include model form |
Burden of Proof [Reg 18]
Critical for enforcement:
| Issue | Rule |
|---|
| Who must prove? | Trader must prove information was given |
| Consequence | If trader cannot prove, treated as not given |
| Evidence | Keep records of what was provided |
Consequences of Non-Compliance
Extended Cancellation Period [Reg 31]
| Failure | Consequence |
|---|
| No cancellation info given | Cancellation period extends by 12 months |
| Info given late | 14 days from when info given |
Contract Terms Void
| Failure | Consequence |
|---|
| Not incorporated | Terms may not be binding |
| Unfair terms | CMA can enforce |
AI Agent Implications
For AI agents handling consumer contracts:
| Issue | Requirement |
|---|
| Pre-contract disclosure | Must provide all Schedule 2 info before purchase |
| Cancellation rights | Must clearly explain 14-day right |
| Durable medium | Send confirmation email/PDF |
| Evidence | Log what information was provided and when |
| Phone/voice | Identify as commercial purpose at start |
Checklist for Distance Contracts