E-commerce, distance and off-premises selling

Advance information to customers

Before concluding the contract with your customer, you must provide them with the following information in a clear and understandable format.

Your details

• your identity
• your physical and email addresses
• your telephone number (if available)

Goods and services

• the main characteristics of the goods or services

Delivery and returns

The rules on returns in this context relate to the consumer's right of withdrawal (not non-conformity of the product)

• whether delivery restrictions apply
• delivery arrangements
• the customer's obligation to pay for returning goods and an estimate for the cost of returning them if they cannot normally be returned by post (e.g. bulky goods) (if you do not inform the customer in advance you will be liable for the cost of returning the goods)

Pricing, payments and charges

• the price of the goods or services - including any additional charges, such as taxes, delivery costs and postage, etc.
• acceptable means of payment
• arrangements for payment
• charges to the customer — when contacting you to terminate the contract — if they are above the basic rate (e.g. premium rate call charges for contracts to be concluded over the telephone)
• conditions for any deposits to be paid
• conditions of any financial guarantees given

If you wish to charge the customer for using a specific means of payment, such as a credit card, the fee cannot be higher than what it actually costs you to process the payment. In some countries such fees may actually be banned altogether.

Code of conduct and contractual conditions

• how to access any code of conduct that applies
• the duration of the contract and the conditions for terminating it

Right to withdraw from the contract

• conditions, time limits and procedures
• specific withdrawal form
• the customer's obligation to pay for any services (or public utilities) already supplied during the withdrawal period, e.g. if they had asked for the services to be supplied immediately after concluding the contract and then decided to withdraw from the contract
• the customer's obligation to pay for returning goods and an estimate for the cost of returning goods that cannot normally be returned by post (e.g. bulky goods)
• acts that forfeit the right or withdrawal (e.g. unsealing a sealed DVD or CD)
• acts where the right of withdrawal does not apply (e.g. rules for perishable goods). In such a case you do not need to inform about the above rules on right of withdrawal.

You can find sample texts showing you how to give information on withdrawal conditions in annex 1 of the Directive.

Guarantees and resolving disputes

• arrangements for handling complaints
• available out-of-court schemes for resolving disputes
• a reminder about the legal guarantee for goods
• conditions for any after-sales service or commercial guarantees

How should you provide this information?

You must provide all of the above mentioned information in a clear and easy-to-understand manner.

Just before the customer places their order (clicks on a pay/buy button) and within the vicinity of the pay/buy button you must also clearly and prominently indicate the:

• main characteristics of the goods or services
• total price, including additional charges
• duration and the conditions for terminating the contract
• minimum duration of the consumer's obligations under the contract (if any)

Customers must also be given the opportunity to acknowledge that placing the order obliges them to pay. For example: the 'Order Confirmation' button must clearly indicate its function, e.g. contain the text 'Order & Pay'.

Pre-ticked boxes

You cannot use pre-ticked boxes when requesting additional payments for extra services, e.g. travel insurance when booking a flight. Customers must always be given the possibility to agree explicitly to any additional payments.

Sales of digital content

If you sell digital content such as music, videos or software online, you must also inform your customers about:

• the interoperability of the content with relevant hardware and software;
• the functionality of the content — such as any geographical restrictions on use and if you are allowed to make copies for personal use.

Once the customer starts accessing the content — by downloading, streaming or otherwise — he/she can no longer withdraw from the contract with you.

However you must first give the consumer the opportunity to explicitly agree to this and to acknowledge that they lose their right to withdraw as soon as they start downloading, etc.

You must also include a confirmation of this agreement and acknowledgement in the contract confirmation you send them.

After-sales communication by telephone

If you provide a telephone hotline for customer queries/complaints about contracts they have concluded, you must make sure the calls are charged at the basic rate.

You cannot use premium-rate telephone lines for this purpose.

Advance information to customers

Before concluding the contract with your customer, you must provide them with the following information in a clear and understandable format.

Your details

• your identity
• your physical and email addresses
• your telephone number (if available)

Goods and services

• the main characteristics of the goods or services

Delivery and returns

• whether delivery restrictions apply
• delivery arrangements
• the customer's obligation to pay for returning goods and an estimate for the cost of returning them if they cannot normally be returned by post (especially bulky goods)

Pricing, payments and charges

• the price of the goods or services - including any additional charges, such as taxes, delivery costs and postage, etc.
• acceptable means of payment
• arrangements for payment
• charges to the customer — when contacting you to terminate the contract — if they are above the basic rate (e.g. premium rate call charges for contracts to be concluded over the telephone)
• conditions for any deposits to be paid
• conditions of any financial guarantees given

If you wish to charge the customer for using a specific means of payment, such as a credit card, the fee cannot be higher than what it actually costs you to process the payment. In some countries such fees may actually be banned altogether.

Code of conduct and contractual conditions

• how to access any code of conduct that applies
• the duration of the contract and the conditions for terminating it

Right to withdraw from the contract

• time limits and procedures
• specific withdrawal form
• the customer's obligation to pay for any services (or public utilities) already supplied during the withdrawal period, e.g. if they had asked for the services to be supplied immediately after concluding the contract and then decided to withdraw from the contract
• any exceptions from the right of withdrawal (e.g. perishable goods) or acts that forfeit the right (e.g. unsealing a sealed DVD or CD)

You can find sample texts showing you how to give information on withdrawal conditions in annex 1 of the Directive.

Guarantees and resolving disputes

• arrangements for handling complaints
• available out-of-court schemes for resolving disputes
• a reminder about the legal guarantee for goods
• conditions for any after-sales service or commercial guarantees

How should you provide this information?

You must provide all of the above mentioned information in a clear and easy-to-understand manner.

Before the customer places their order you must clearly and prominently indicate the:

• main characteristics of the goods or services
• total price, including additional charges
• duration and the conditions for terminating the contract
• minimum duration of the consumer's obligations under the contract (if any)

You must also give customers the opportunity to acknowledge that placing their order obliges them to pay.

Telephone sales

At the beginning of your call, you must always disclose your identity and let people know that you're selling something. You also have to give information about the charges the customer will have to pay (if they are above the basic rate) when contacting you to conclude the contract e.g. premium rate call charges for contracts to be concluded by telephone.

When concluding contracts by telephone in some EU Member States, you only have to confirm the offer to the customer who is bound by the contract once they have signed the offer.

Sales by text message (and similar)

If the selling channel makes it technically difficult for you to give all this information - e.g. contracts concluded by mobile phone text message - you can give a limited amount of information, such as:

• your identity
• the main characteristics of the goods or services
• the total price
• the right of withdrawal
• the duration and the conditions for terminating the contract
• a link to another source (e.g. a website) for the complete information list

After-sales communication by telephone

If you provide a telephone hotline for customer queries/complaints about contracts they have concluded, you must make sure the calls are charged at the basic rate.

You cannot use premium-rate telephone lines for this purpose.

Confirming the contract

You must provide the required information in writing when you confirm the contract. The confirmation must be in a durable format (letter, email, etc.), but you may also send the confirmation to a personal account on your website that your customer has exclusive access to.

You must confirm the contract as soon as possible — at the latest on delivery of the goods or before the service begins.

Confirming the contract

You must provide the required information in writing when you confirm the contract. The confirmation must be in a durable format (letter, email, etc.), but you may also send the confirmation to a personal account on your website that your customer has exclusive access to.

You must confirm the contract as soon as possible — at the latest on delivery of the goods or before the service begins.

Withdrawing from a contract

When can your customer withdraw from the contract?

If you have given all the necessary information about the right to withdraw, your customer has 14 days to withdraw from the contract - without any penalty and without having to give any reason:

• For goods – this means 14 days after delivery
• For services – this means 14 days after the contract was concluded

Mixed contracts

For mixed contracts, such as those offering goods as the main focus of the contract - with additional services - the onus will be on the right of withdrawal for goods, i.e. up to 14 days after delivery. For services as the main focus - with additional goods - the onus will be on the right of withdrawal for services, i.e. up to 14 days after the contract was concluded.

In all cases the period is extended to the next working day if it ends on a weekend or public holiday.

If you failed to provide all the necessary information, the customer has 1 additional year to withdraw from the contract. If at some point during this 1-year period you provide this information, the 14-day withdrawal period starts at that time.

What are your obligations after the consumer withdraws from the contract?

You must reimburse the money received from your customer (or cancel their payment) within 14 days of being notified they are withdrawing.

You may withhold this reimbursement until you have received the goods back from the customer, or at least received evidence they have actually sent them.

Who pays what?

The Customer pays the cost of returning the goods (unless you failed to inform them of this in advance — in which case you will be liable for these costs).

Your business has to reimburse the original delivery costs, but not any extra costs if the customer chose a more expensive (e.g. express) delivery option rather than standard delivery.

The Customer's obligations

Before withdrawing, the customer can only check the goods like they would if they were in a shop, allowing them to confirm the item is what they ordered and wanted.

If the customer has actually used the goods before sending them back, you can claim compensation for the diminished value resulting from their use.

Withdrawing from services

If, at the customer's request, you have started performing the service ordered — e.g. installing an alarm system — before the expiry of the withdrawal period, and the customer then decides to withdraw, they must pay you for the services you provided up to that point.

When can't a customer withdraw?

The main exceptions to the rules on withdrawal are if the contract was for:

• a service you have already performed in full (with your customer's agreement) before the customer decides to withdraw
• perishable goods (e.g. certain foodstuffs)
• sealed goods that cannot be returned for hygiene reasons after being opened
• tailor-made goods developed according to the customer's specifications or clearly personalised
• sealed media (audio recordings, video recordings or software) which the customer unsealed
• newspapers or magazines (but withdrawal from subscriptions is possible)
• holiday accommodation, car rental, catering or leisure services if you have committed to performing these services on a specific date or within a specific period)

Withdrawing from a contract

When can your customer withdraw from the contract?

If you have given all the necessary information about the right to withdraw, your customer has 14 days to withdraw from the contract - without any penalty and without having to give any reason:

• For goods – this means 14 days after delivery
• For services – this means 14 days after the contract was concluded

Mixed contracts

For mixed contracts, such as those offering goods as the main focus of the contract - with additional services - the onus will be on the right of withdrawal for goods, i.e. up to 14 days after delivery. For services as the main focus - with additional goods - the onus will be on the right of withdrawal for services, i.e. up to 14 days after the contract was concluded.

In all cases the period is extended to the next working day if it ends on a weekend or public holiday.

If you failed to provide all the necessary information, the customer has 1 additional year to withdraw from the contract. If at some point during this 1-year period you provide this information, the 14-day withdrawal period starts at that time.

What are your obligations after the consumer withdraws from the contract?

You must reimburse the money received from your customer (or cancel their payment) within 14 days of being notified they are withdrawing.

You may withhold this reimbursement until you have received the goods back from the customer, or at least received evidence they have actually sent them.

Who pays what?

The Customer pays the cost of returning the goods (unless you failed to inform them of this in advance — in which case you will be liable for these costs).

Your business has to reimburse the original delivery costs, but not any extra costs if the customer chose a more expensive (e.g. express) delivery option rather than standard delivery.

The Customer's obligations

Before withdrawing, the customer can only check the goods like they would if they were in a shop, allowing them to confirm the item is what they ordered and wanted.

If the customer has actually used the goods before sending them back, you can claim compensation for the diminished value resulting from their use.

Withdrawing from services

If, at the customer's request, you have started performing the service ordered — e.g. installing an alarm system — before the expiry of the withdrawal period, and the customer then decides to withdraw, they must pay you for the services you provided up to that point.

When can't a customer withdraw?

The main exceptions to the rules on withdrawal are if the contract was for:

• a service you have already performed in full (with your customer's agreement) before the customer decides to withdraw
• perishable goods (e.g. certain foodstuffs)
• sealed goods that cannot be returned for hygiene reasons after being opened
• tailor-made goods developed according to the customer's specifications or clearly personalised
• sealed media (audio recordings, video recordings or software) which the customer unsealed
• newspapers or magazines (but withdrawal from subscriptions is possible)
• holiday accommodation, car rental, catering or leisure services if you have committed to performing these services on a specific date or within a specific period)

Delivering the goods

Unless agreed otherwise in the contract, you must deliver the goods without undue delay no later than 30 days after the contract is concluded.

If you are unable to deliver within 30 days or the time agreed, the customer can request that you deliver within an additional period of time.

If you fail to deliver within this additional period, the customer may end the contract and ask to be reimbursed.

Exception

In cases where the specified delivery date is essential (e.g. a wedding dress), the customer can end the contract immediately and is entitled to a full refund if good is not delivered on the originally agreed date.

You bear the risk of any damages to the goods during delivery, unless it was the customer who arranged the delivery and commissioned the carrier. You are always responsible for what happens to goods when they are being transported by a carrier contracted by you.

Delivering the goods

Unless agreed otherwise in the contract, you must deliver the goods without undue delay no later than 30 days after the contract is concluded.

If you are unable to deliver within 30 days or the time agreed, the customer can request that you deliver within an additional period of time.

If you fail to deliver within this additional period, the customer may end the contract and ask to be reimbursed.

Exception

In cases where the specified delivery date is essential (e.g. a wedding dress), the customer can end the contract immediately and is entitled to a full refund if good is not delivered on the originally agreed date.

You bear the risk of any damages to the goods during delivery, unless it was the customer who arranged the delivery and commissioned the carrier. You are always responsible for what happens to goods when they are being transported by a carrier contracted by you.