S.L. 378.17 Art. 9Formal requirements for distance contracts.

(1) With respect to distance contracts, the trader shall give the information provided for in regulation 5(1) or make that information available to the consumer in a way appropriate to the means of distance communication used in plain and intelligible language. In so far as that information is provided on a durable medium, it shall be legible.

(2) If a distance contract to be concluded by electronic means places the consumer under an obligation to pay, the trader shall make the consumer aware in a clear and prominent manner, and directly before the consumer places his order, of the information provided for in regulation 5(1)(a), (e), (o) and (p): Provided that the trader shall ensure that the consumer, when placing his order, explicitly acknowledges that the order implies an obligation to pay. If placing an order entails activating a button or a similar function, the button or similar function shall be labelled in an easily legible manner only with the words ‘order with obligation to pay’ or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader. If the trader has not complied with this sub-regulation, the consumer shall not be bound by the contract or order.

(3) 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.

(4) If the contract is concluded through a means of distance communication which allows limited space or time to display the information, the trader shall provide, on or through that particular means prior to the conclusion of such a contract, at least the pre-contractual information regarding the main characteristics of the goods or services, the identity of the trader, the total price, the right of withdrawal, the duration of the contract and, if the contract is of indeterminate duration, the conditions for terminating the contract, as referred to, respectively, in regulation 5(1)(a), (b), (e), (h) and (o), except the model withdrawal form set out in Part B of the Schedule referred to in paragraph (h). The other information referred to in regulation 5(1), including the model withdrawal form, shall be provided by the trader to the consumer in an appropriate way in accordance with sub-regulation (1) of this regulation.

(5) Without prejudice to sub-regulation (4), if the trader makes a telephone call to the consumer with a view to concluding a distance contract, he shall, at the beginning of the conversation with the consumer, disclose his identity and, where applicable, the identity of the person on whose behalf he makes that call, and the commercial purpose of the call.

(6) Where a distance contract is to be concluded by telephone, the trader shall confirm on a durable medium the offer to the consumer, who is bound only once he has signed the offer or has sent his written consent.

(7) 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. That confirmation shall include:

(a) all the information referred to in regulation 6(1) unless the trader has already provided that information to the consumer on a durable medium prior to the conclusion of the distance contract; and

(b) where applicable, the confirmation of the prior express consent and acknowledgment of the consumer in accordance with regulation 18(m).

(8) 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, to begin during the withdrawal period provided for in regulation 10(2), and the contract places the consumer under an obligation to pay, the trader shall require that the consumer make an express request and request the consumer to acknowledge that, once the contract has been fully performed by the trader, the consumer will no longer have the right of withdrawal.

(9) This regulation shall be without prejudice to the provisions on the conclusion of e-contracts and the placing of e-orders set out in Part III and Part IV of the Electronic Commerce Act.