Distance selling means the supply of goods that are dispatched or transported from one Member State to another Member State by or on behalf of the supplier to a buyer.

Before concluding a distance contract, the buyer must receive a set of pre-contractual information in plain and intelligible language. How the information is provided differs depending on each remote communication method.

Conclusion of the distance contract

The time of conclusion of the distance contract shall be the moment when the supplier confirms the acceptance of the buyer’s order on a durable medium.

The supplier shall provide the consumer with confirmation of the conclusion of the contract, on a durable medium, within a reasonable period of time after the conclusion of the distance contract and at the latest at the time of delivery of the goods or before provision of the requested service starts.

Right of withdrawal

The buyer may withdraw from a distance contract, that is to say, they can return the goods or they can cancel the services ordered and delivered, without penalties other than those laid down by law and without giving any reason.

The period within which the buyer may withdraw from the contract is of 14 calendar days and shall begin to run:

• from the date of conclusion of the contract, in the case of service contracts;
• from the day on which the buyer or a third party other than the carrier and indicated by the buyer acquires physical possession of the products in the case of sales contracts;
• in the case of contracts for the supply of water, natural gas, electricity, which do not provide for the sale of a limited volume or a set quantity of heat or of digital content which is not supplied on a tangible medium, from the date on which the contract is entered into.

There are a number of contracts from which the buyer cannot withdraw, such as: service contracts after the full supply of the services, the supply of goods or services whose price depends on fluctuation on the financial market, the supply of products made to the consumer’s specifications, the supply of products which are likely to deteriorate or expire rapidly, etc.

Performance of the distance contract

The supplier must fulfil their contractual obligations no later than 30 days after the consumer has placed the order.

However, the parties may set a different delivery time, in which case it is the time set between the parties that will apply.

If the supplier has not fulfilled their obligation to deliver the products by the time agreed upon with the buyer or within the maximum period of 30 days, the buyer shall call upon them to make the delivery within an additional period of time appropriate to the circumstances. If the supplier fails to deliver the products within that additional period, the consumer shall be entitled, as appropriate, to rescind or terminate the contract.