364 / 522
Prior Information
Whereas the obligation to provide pre-contractual information was
also regulated under the Former Regulation, the New Regulation
widens the scope and detail of the information to be declared to the
consumer. Accordingly, the supplier of the goods or services must
inform the consumer prior to the conclusion of the distance contract or
to the acceptance of the offer by the consumer in accordance with the
respective methods applicable to contracts concluded via internet, tele-
phone, etc.
This information includes the basic qualities of the goods or ser-
vices, identity and communication details of the supplier, total price of
the goods or services, including applicable taxes, transportation and
delivery costs, information on payment, delivery and performance and
commitments of the supplier in relation thereto, resolution methods for
possible complaints, conditions and details of the right of withdrawal, if
it exists, details of the deposit or other financial securities, if any, tech-
nical protection precautions for the digital content, if any, information on
the hardware or software that the digital content can work with, if any,
and information on the consumer’s rights regarding any disputes.
The supplier is required to provide that the consumer confirms
having been informed through applicable methods, the failure of which
would render the contract null and void ab initio, as if the contract has
never been concluded. The supplier is the party who is under the bur-
den of proof for prior information. Unlike the Former Regulation, the
New Regulation also provides sanctions for several specific failures:
For example, upon the supplier’s failure to inform the consumer of the
delivery, transportation and similar additional costs, the consumer will
no longer be responsible for the payment of such.
Finally, just prior to the approval of the order by the consumer, the
supplier is required to clearly inform the consumer that the approval of
the order will mean a payment obligation; otherwise, the consumer
will not be bound by the purchase order.
Right of Withdrawal
Time constraints relating to the exercise of the right of withdrawal
have been extended by the New Regulation. The consumer is now enti-
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