1A firm must ensure that the distance marketing information, the commercial purpose of which must be made clear, is provided in a clear and comprehensible manner in any way appropriate to the means of distance communication used, with due regard, in particular, to the principles of good faith in commercial transactions, and the legal principles governing the protection of those who are unable to give their consent.
1If there is no initial service agreement but the successive operations or separate operations of the same nature performed over time are performed between the same contractual parties, the distance marketing disclosure rules will only apply:
when the first operation is performed; and
if no operation of the same nature is performed for more than a year, when the next operation is performed (the next operation being deemed to be the first in a new series of operations).
1In the case of a telephone call, and subject to the explicit consent of the consumer, only the abbreviated distance marketing information (FPCOB 5 Annex 3R) needs to be provided during that communication.
However, unless another exemption applies (such as the exemption for means of distance communication not enabling disclosure), a firm must still provide the distance marketing information (FPCOB 5 Annex 2R) in writing or another durable medium available and accessible to the consumer in good time before conclusion of any distance contract.
1A firm may provide the distance marketing information (FPCOB 5 Annex 2R) and the contractual terms and conditions in writing or another durable medium immediately after the conclusion of a distance contract if the contract has been concluded at a consumer’s request using a means of distance communication that does not enable the provision of that information in that form in good time before conclusion of any distance contract.
1At any time during the contractual relationship the consumer is entitled, at their request, to receive the contractual terms and conditions on paper. The consumer is also entitled to change the means of distance communication used unless this is incompatible with the contract concluded or the nature of the service provided.