Distance sales contracts are agreements formed between a seller or provider and a consumer without the parties being physically present together, using a system specifically established for the remote marketing of goods or services. These contracts are concluded through the use of remote communication tools up to and at the moment the agreement is finalized.
For an agreement to be categorized as a distance sales contract, three conditions must be satisfied. First, the seller or provider and the consumer must not be in the same physical location at the same time. Second, the contract must be executed through a system created for remote marketing activities. Third, remote communication instruments must be used continuously until the contract is concluded.
Before the contract is finalized and before any payment is made, consumers must be informed in writing or on a durable medium regarding specific elements of the distance sales contract. This requirement is regulated under Article 5 of the Distance Contracts Regulation, titled “pre-contractual information.”
In this context, consumers must receive information regarding:
-the key characteristics of the goods or services covered by the contract;
-the seller’s, provider’s, or intermediary service provider’s name, commercial title, address, and contact details;
-the total price of the goods or services, including all taxes;
-any additional costs such as shipping or delivery, if applicable;
-the right of withdrawal; and
-the available legal remedies.
The seller is obligated to clearly, concisely, and understandably provide this pre-contractual information in writing or on a durable medium (such as email, SMS, CD, DVD, internet, or memory cards), in line with the communication method used, and in full compliance with the provisions of the Regulation.
Failing to fulfill the obligation to provide pre-contractual information in distance sales contracts may result in serious legal outcomes. For example, if the seller does not inform the consumer about extra charges, the consumer cannot be held responsible for those costs. Moreover, if the consumer is not properly informed of the right of withdrawal, the usual 14-day withdrawal period does not apply, and the right of withdrawal remains valid for one year following the end of the initial period.
Additionally, the seller must clearly notify the consumer before order confirmation that placing the order entails a payment obligation. If this is not done, the consumer is not bound by the order. The seller must also confirm, through an appropriate communication method (e.g., phone or internet), that the consumer has received the pre-contractual information. If this confirmation is not obtained, the contract is deemed invalid.
