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Status: You are viewing the version of the handbook as on 2005-06-30.

COB 2.6 1General provisions related to distance marketing2

Application

COB 2.6.1R

This section applies to a firm which:

  1. (1)

    conducts designated investment business with or for a retail customer;2

  2. (2)

    accepts a deposit from a retail customer.12

Pre-contract information about contractual obligations to be in conformity with contract

COB 2.6.2R

A firm must ensure that information provided to a retail customer before the conclusion of a distance contract about his contractual obligations under that contract conforms with the contractual obligations that would be imposed on him under the law applying if the contract were concluded.1

Unsolicited services

COB 2.6.3R
  1. (1)

    Subject to COB 2.6.3R (2), a firm must not:2

    1. (a)

      supply a service to a retail customer without a prior request on his part, when the supply of such service includes a request for immediate or deferred payment; or2

    2. (b)

      enforce any obligations against a retail customer in the event of unsolicited supplies of such services, the absence of reply not constituting consent.2

  2. (2)

    Paragraph (1) applies in relation to designated investment business, and accepting deposits, under an organised distance sales or service-provision scheme run by the firm or by an intermediary, who, for the purpose of that supply, makes exclusive use of one or more means of distance communication up to and including the time at which the services are supplied.12

COB 2.6.4R

COB 2.6.3R (2) does not apply for a tacit renewal of a distance contract.1

Paper copy of contractual terms and conditions

COB 2.6.5R

During the course of a distance contract with a firm , if a retail customer requests a paper copy of his contractual terms and conditions, the firm must provide it without additional charge and without delay.1

Change in means of distance communication

COB 2.6.6R

During the course of a distance contract , a firm must comply with a retail customer's request to change the means of distance communication used, unless this is incompatible with the distance contract concluded or the service being provided by the firm.1