Distance contract means an agreement for the purchase of a good or the provision of service concluded at a distance using distance communication.
Features of a 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 using a means (system) which the trader normally uses for the conclusion of contracts - a contract concluded exceptionally using 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 by 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 using 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 - 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
