Check the information
Before you conclude a contract, the telemarketer must tell you:
- the company’s name
- main characteristics of the product
- price of the product
- delivery costs and other additional charges
- duration of the contract
- terms and conditions of the right to withdraw.
- Other pre-contractual information, including the withdrawal form, can be provided by directing you to a website or similar, where the information should be easy to find.
If you do not have access to the internet, the company must give you the other pre-contractual information by telephone. Regarding the withdrawal form, it is enough that the company tells you of how it can be used and sends it to you in connection with the order confirmation.
When a contract has been concluded, you should receive an order confirmation.
The purpose of telemarketing must be made clear
When a telemarketer calls you, they should tell you at once that the call has a commercial purpose and give you their name and, if necessary, the name of the person on whose behalf they are calling.
A telemarketer may not start the call by
- promising you a gift, draw prize or some other benefit if you have to order a product and pay for it to obtain the benefit.
- telling you that the call is about a study or a survey if its purpose is to also market products.
Prices and additional charges
Before a contract is concluded, the company must tell you the final total price which includes taxes, delivery costs and other additional charges. If, because of the nature of the product, the company cannot be reasonably expected to calculate the exact price in advance, the company must explain to you how the price is determined.
You have no obligation to pay any costs which the company did not tell you about before you placed the order.
If additional charges not included in the total price and shipping costs are billed for the order, the company must tell you about them before you place the order. If these costs cannot be calculated in advance, the company must tell you that you may have to pay such additional costs.
Confirmation of order in distance selling
During distance selling, the consumer has the right to obtain a purchase confirmation. If necessary, the company must provide proof that the customer has been provided with such confirmation, which must be delivered to the consumer:
- within a reasonable time from concluding the contract
- at the latest when the goods are delivered to the consumer
- before the provision of the service begins. Such confirmation must contain the information specified by law.
In addition, it must be supplied in a permanent manner, such as by email or in print, which prevents the alteration of the information afterwards.
- If such information has been provided to the consumer earlier, in a permanent manner, it does not have to be resubmitted at the confirmation stage. However, in such a case the consumer has the right to obtain confirmation of the conclusion of the contract.
- If the delivery time of the goods has not been agreed, the consumer has the right to obtain the goods without any unnecessary delay, and no later than within 30 days of concluding the contract.
- Main characteristics of the product:
– type and description
– in the case of a standard product, the item name and possible size and colour options
– in the case of a more complex technical product, a more comprehensive description
- Company’s name
- Postal address of the company’s head office
- Company’s telephone and telefax numbers, if any, and email address
- Postal address of the company’s office, if other than in Item 3, to which the consumer can send his complaint
- The product’s
– total price, including tax. If an accurate price cannot be calculated in advance, the grounds for calculating the price
– unit price by weight, volume or length unit
– total costs by month and invoicing period, in the event of a permanent subscription
- Any delivery or other charges which are not included in the product’s total price. If these cannot be reasonably calculated in advance, the company must inform the customer that such additional costs may occur.
- Any charges arising from the use of a telecommunications device for placing an order, if the charge exceeds the basic price, such as telephone and message services subject to an additional charge.
- Payment, delivery and other contractual terms and, if needed, customer complaint procedures. For example, the date by which the company commits itself to delivering the goods. If no specific customer complaint practices are in place, this need not be mentioned.
- The terms, time limits and procedures related to the consumer’s right to cancel the purchase.
- Information indicating that the consumer must cover the costs of returning the goods if the consumer cancels the contract. The consumer must also be informed of the amount of the returning costs if the goods are by nature such that they cannot be returned by ordinary post. In this context, providing the name of one transport company and the return price it will charge is deemed sufficient.
- Information on the consumer’s compensation liability if the consumer exercises the right to cancel the purchase after having requested delivery of the service.
- Information on the lack of a cancellation right or on the conditions under which the cancellation right may be lost.
- Information on statutory liability for defects in goods which the business holds in addition to, or regardless of the lack of, a warranty.
- If needed, information on customer support, other after-sales services and warranty, and the terms and conditions applicable to these. In particular, the conditions of after-sales services must be mentioned if they deviate from ordinary conditions. For example, this should be done if customer service is provided in a language other than that used when placing the order.
- Information on the existence of a code of practice and, if needed, on how to obtain a copy of such a code.
- The duration of the contract or the terms and conditions for terminating it, if the contract is valid until further notice or its validity continues automatically.
- The minimum duration of the consumer’s contractual obligations.
- Information on any financial guarantees required by the business from the consumer, and the terms and conditions applicable to such guarantees, such as reserving funds from a payment card.
- Information on digital content
– functionality, including, for example, technical restrictions such as a protection or regional code
– compatibility with systems and software, such as an operating system. This information must be provided to the extent that the vendor is aware or can reasonably be expected to be aware of such issues.
- Information on the options for and ways of placing a dispute before the Consumer Disputes Board or a similar body.
- Furthermore, a cancellation form – complying with the template stipulated by the decree issued by the Ministry of Justice – must be supplied or made available to the consumer.
- Main characteristics of the product: