Pre-contract information for on-premises contracts
Creditors supplying goods, services or digital content to a client using an on-premises contract, must provide all of the following information in a clear, comprehensible way:1The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 •main characteristics of the goods, services or digital content; and
•their trading name, address and telephone number; and
•total price including all applicable taxes; and
•all additional delivery charges; and
•arrangements for payment, delivery and time for delivery; and
•their complaints-handling policy; and
•a reminder that they are under a duty to supply goods conforming to the contract; and
•whether there is any after-sales service or guarantee, and their conditions; and
•duration of the contract and how it can be ended if it is indefinite; and
•the functionality of digital content; and
•the compatibility of digital content with hardware or software.
However, creditors do not have to supply this information if it is a ‘day-to-day transaction’ that is performed immediately – eg, selling goods in a shop.
There is no prescribed format for the information, except that it must be headed ‘pre-contract information’, handed to the client before the agreement is made and must be capable of being taken away to be studied. As there is also no prescribed period for providing the information, the creditor can give the pre-contract information document to the client and then immediately invite them to sign the actual agreement.
If the creditor does not comply with the pre-contract information requirements, the agreement is improperly executed, and the creditor needs the permission of the court to enforce it.2CONC 4.2.3