Distance trading

On distance trade

A distance contract is an arrangement for the purchase of a good or the provision of a service concluded in off-site conditions by means of distance communication.

Characteristics of the distance contract:

• parties to the contract - the contract is between the consumer and the trader (seller, service provider)
  • a contract concluded between consumers is not a distance contract
  • a contract concluded between traders is not a distance contract
• absentia - the agreement is made without the physical presence of the consumer and the trader
• organised means of marketing - a contract concluded by means of a means (system) which the trader normally uses for the conclusion of contracts - a contract concluded exceptionally by means of a means of distance communication which the trader does not normally use for the conclusion of contracts is not a distance contract
  • the trader's online shop is to be regarded as a system organised by the trader
  • the conclusion of contracts by telephone or electronic mail shall be considered to be a system organised by the trader if the trader normally concludes contracts in that way
  • the conclusion of contracts by telephone or electronic mail shall not be considered to be a system organised by the trader if the trader does not normally conclude contracts in this way
• distance communication circumstances: a contract concluded exclusively by means of distance communication
  • e.g.: the contract is concluded only through a website, a mobile application, electronic mail, telephone, TV shop, catalogue, etc.

Specific consumer protection

• Consumer interest at stake - in a distance contract situation, there is a particular risk of consumer interest at stake, as consumers may have limited possibilities to obtain sufficient information and verify the product or service
• Specific regulatory requirements - in order to ensure that consumers' interests are protected, specific regulatory requirements for traders and specific rights for consumers are laid down

Specific requirements for traders:

• Pre-contractual information obligation:
  • information on the main characteristics of the good or service
  • information on price, delivery and other costs
  • information on the right of withdrawal, withdrawal form
  • information on delivery, performance, payment arrangements and other contractual terms
  • Pre-contractual information is an integral part of the terms of the distance contract
• Obligation to provide pre-contractual information and contractual terms in a preservable form
• Obligation to acknowledge receipt of order

Specific rights for consumers - right of withdrawal:

• the right to withdraw from the order within 14 days
• the right to check the characteristics of the goods to the extent that this would be possible in a normal shop
• the exceptions to the right of withdrawal and the procedure for exercising it are laid down by law or regulation and the parties to a distance contract are not entitled to agree on terms that are less favourable to the consumer than those laid down by law or regulation