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Pre-contractual information for other contracts |
Reporting |
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- Description:
- The company must provide consumers with the prescribed information clearly and comprehensibly before the consumer is bound by a contract other than a distance or off-premises contract.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods and services and, where not offered for sale in a limited volume or set quantity, water, gas, electricity, district heating and digital content not supplied on a tangible medium
- Checking responsibility:
- Company; the burden of proof for compliance lies with the company
- Check method:
- Verification that the pre-contractual information was provided clearly and comprehensibly before the consumer became bound
- Rule set:
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- Source reference:
- Article 5(1)
- Source excerpt:
- Before the consumer is bound by a contract other than a distance or an off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner, if that information is not already apparent from the context:
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Pre-contractual information for distance and off-premises contracts |
Reporting |
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- Description:
- The company must provide consumers, before they are bound by a distance or off-premises contract, with the information listed in Article 6(1) in a clear and comprehensible manner.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods, services and the supplies referred to in Article 6(2) under distance and off-premises contracts
- Checking responsibility:
- Company; the burden of proof lies with the company
- Check method:
- Review of the pre-contractual information and evidence that it was provided
- Rule set:
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- Source reference:
- Article 6(1)
- Source excerpt:
- Before the consumer is bound by a distance or off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner:
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Documentation of off-premises contracts |
Record Keeping |
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- Description:
- The company must provide the Article 6(1) information on paper or, with the consumer’s agreement, on another durable medium, and provide a copy or confirmation of the contract.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Off-premises contracts
- Checking responsibility:
- Company
- Check method:
- Review of the paper or durable medium and of the contract copy or confirmation
- Rule set:
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- Source reference:
- Article 7(1)
- Source excerpt:
- With respect to off-premises contracts, the trader shall give the information provided for in Article 6(1) to the consumer on paper or, if the consumer agrees, on another durable medium.
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Confirmation of distance contracts |
Record Keeping |
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- Description:
- The company must provide confirmation of the distance contract on a durable medium within a reasonable time, at the latest upon delivery of the goods or before performance of the service begins.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Distance contracts
- Checking responsibility:
- Company
- Check method:
- Verification that the contract confirmation was provided on a durable medium within the required time
- Rule set:
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- Source reference:
- Article 8(7)
- Source excerpt:
- The trader shall provide the consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the distance contract, and at the latest at the time of the delivery of the goods or before the performance of the service begins.
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Order confirmation and payment-obligation notice |
Governance |
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- Description:
- The company must display the key contract information clearly and prominently directly before the order and ensure that the consumer explicitly acknowledges that the order entails an obligation to pay.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Distance contracts concluded by electronic means that place the consumer under an obligation to pay
- Checking responsibility:
- Company
- Check method:
- Review of the ordering page, prominently displayed mandatory information and unambiguous labelling of the ordering function
- Rule set:
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- Source reference:
- Article 8(2)
- Source excerpt:
- The trader shall ensure that the consumer, when placing his order, explicitly acknowledges that the order implies an obligation to pay.
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Information on trading websites |
Reporting |
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- Description:
- The company must clearly and legibly indicate, at the latest at the beginning of the ordering process, any delivery restrictions and the means of payment accepted.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Trading websites
- Checking responsibility:
- Company operating the trading website
- Check method:
- Review of the website at the beginning of the ordering process
- Rule set:
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- Source reference:
- Article 8(3)
- Source excerpt:
- Trading websites shall indicate clearly and legibly at the latest at the beginning of the ordering process whether any delivery restrictions apply and which means of payment are accepted.
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Express request for performance during the withdrawal period |
Record Keeping |
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- Description:
- If the consumer wants performance to begin during the withdrawal period, the company must require an express request from the consumer.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Services, certain utilities and digital content not supplied on a tangible medium
- Checking responsibility:
- Company
- Check method:
- Review of the consumer’s express request on a durable medium or in the prescribed form
- Rule set:
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- Source reference:
- Article 8(8)
- Source excerpt:
- Where a consumer wants the performance of services, or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, to begin during the withdrawal period provided for in Article 9(2), the trader shall require that the consumer make an express request.
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Acknowledgement of electronic withdrawal |
Record Keeping |
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- Description:
- If the company offers an electronic withdrawal form or equivalent statement on its website, it must acknowledge receipt of the withdrawal without delay on a durable medium.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Online withdrawal statements, where the company offers this option
- Checking responsibility:
- Company
- Check method:
- Verification of the acknowledgement of receipt on a durable medium without delay
- Rule set:
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- Source reference:
- Article 11(3)
- Source excerpt:
- In those cases the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal on a durable medium without delay.
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Basic rate for contract telephone lines |
Other |
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- Description:
- When a consumer contacts the company by telephone in relation to a concluded contract, the company may charge no more than the basic rate.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods and services under off-premises contracts
- Checking responsibility:
- Company
- Check method:
- Verification that the company discloses its identity and contact details during telephone contact
- Rule set:
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- Source reference:
- Article 21
- Source excerpt:
- Member States shall ensure that where the trader operates a telephone line for the purpose of contacting him by telephone in relation to the contract concluded, the consumer, when contacting the trader is not bound to pay more than the basic rate.
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Delivery of goods |
Other |
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- Description:
- The company must deliver the goods without undue delay and no later than 30 days after conclusion of the contract unless another delivery time was agreed.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods sold under sales contracts
- Checking responsibility:
- Company
- Check method:
- Review of delivery and delivery date against the contract and delivery records
- Rule set:
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- Source reference:
- Article 18(1)
- Source excerpt:
- Unless the parties have agreed otherwise on the time of delivery, the trader shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay, but not later than 30 days from the conclusion of the contract.
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Reimbursement after failure to deliver |
Other |
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- Description:
- After termination of the contract for failure to deliver, the company must reimburse all sums paid under the contract without undue delay.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods where the contract is terminated because of late delivery
- Checking responsibility:
- Company
- Check method:
- Review of reimbursement against the termination and payment records
- Rule set:
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- Source reference:
- Article 18(3)
- Source excerpt:
- Upon termination of the contract, the trader shall, without undue delay, reimburse all sums paid under the contract.
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Reimbursement following withdrawal |
Other |
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- Description:
- Following withdrawal, the company must reimburse all payments received, including delivery costs where applicable, without undue delay and no later than 14 days, generally using the same means of payment.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods, services and other contractual performance following exercise of the right of withdrawal
- Checking responsibility:
- Company
- Check method:
- Review of the reimbursement amount, deadline and payment method used
- Rule set:
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- Source reference:
- Article 13(1)
- Source excerpt:
- The trader shall reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract in accordance with Article 11.
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Express consent to additional payments |
Governance |
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- Description:
- The company must obtain the consumer’s express consent to any additional payment before the consumer is bound by the contract or offer.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Additional payments beyond the remuneration agreed for the main contractual obligation
- Checking responsibility:
- Company
- Check method:
- Review of the consumer’s express consent before the contract or offer became binding
- Rule set:
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- Source reference:
- Article 22
- Source excerpt:
- Before the consumer is bound by the contract or offer, the trader shall seek the express consent of the consumer to any extra payment in addition to the remuneration agreed upon for the trader’s main contractual obligation.
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Emtract Ingest