Distance and off-premises contract entered into with a professional
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Summary:
A distance contract is one entered into when you are not physically present in the same place as the professional during the offer of contract, the negotiation of the contract and the conclusion of the contract.
An off-premises contract is one entered into when you are physically present in the same place as the professional, either in a place other than the professional's business premises, or at the professional's business premises after having been approached personally and individually outside of the professional's business premises.
Distance contracts are contracts agreed between you and a professional when you are not physically in the same place as them during:
- the offer of contract; and
- the negotiation of the contract; and
- the conclusion of the contract.
The professional operates a remote sales system (such as an e-commerce site), in which all stages of the contract are necessarily processed remotely:
- over the internet;
- by post;
- by email;
- by SMS;
- by television;
- by fax.
Off-premises contracts are contracts that are entered into:
- when you and the professional are both physically present in a place other than the professional's business premises. This also applies to contracts for which you have made an offer of contract in the same circumstances; or
- when you are personally and individually solicited outside the professional's business premises (e.g. a stand at a trade fair), but where the contract is entered into immediately afterwards, at the professional's business premises, or through a remote communication method (e.g. email); or
- during an excursion organised by the professional (e.g. during a bus or boat trip organised for the purpose of selling a product or service (e.g. a 'Kaffeefahrt').
Who is concerned
Parties involved
Any professional (be they a natural person or a legal entity) acting in the context of their commercial, industrial, artisanal or liberal activities.
Any consumer (a non-professional natural person).
Contracts not covered
Certain types of contract are not subject to the rules governing distance and off-premises contracts. These include:
- contracts pertaining to financial services (bank, credit, insurance, private individual pension insurance, etc.);
- contracts which must be notarised;
- contracts pertaining to the construction of new buildings, major works on existing buildings, or residential property rentals;
- contracts pertaining to gambling, which involve betting on games of chance (lotteries, casino games, betting-related transactions);
- contracts pertaining to package tours;
- contracts concluded off-premises, for which the payment to be made by the consumer does not exceed EUR 50, etc.
Download the full list (French, Pdf, 196 Kb) of contracts that are excluded from the distance contract rules.
Prerequisites
The professional:
- must have obtained your prior consent to contact you, whether by:
- email;
- telephone;
- automated telephone service, without human involvement;
- fax;
- any other means of remote communication;
- must be able to prove that they have obtained your consent to be contacted by one of these methods;
- must, at the very outset of the phone conversation, provide you with details about themselves (their identity, the purpose of their sales call, their geographic address, their email address, etc.), even if they have obtained your consent to call you.
For other remote communication methods: the professional may contact you if and only if you have consented to such contact. They are permitted to send you a catalogue by post, only if your letterbox bears a 'Oui Pub' (Yes to Advertising) sticker.
How to proceed
- Distance contracts
- Off-premises contracts
A distance contract is one entered into when you are not physically present in the same place as the professional during the offer of contract, the negotiation of the contract and the conclusion of the contract.
All stages of the contracting process must have been completed using remote communication methods.
In this type of contract, the professional sets up an organised remote system (e.g. a website), where only remote communication methods are used (e.g. internet, post, fax, telephone, email, SMS or television).
The following are examples of distance contracts:
- online purchases;
- legal downloads of music from the internet using a desktop or mobile device;
- orders for items of clothing, by post or email, from a mail-order catalogue;
- when you visit a stand at a trade fair to gather information, then go home and negotiate and conclude the sale by telephone, etc.
The following are not distance contracts:
- when you negotiate a sale in store, but then go home and conclude the contract remotely;
- when the contract is prepared through an exchange of emails but is ultimately concluded in the store.
Off-premises contracts require you to be physically present at the same time as the professional:
- in a place other than the professional's business premises; or
- at the professional's business premises, after having been approached personally and individually outside the professional's business premises.
The following are examples of off-premises contracts:
- door-to-door sales;
- door-to-door selling at your place of work; or
- an excursion organised by a professional supplier outside their business premises.
Informing the consumer prior to concluding the contract
The professional must provide you with clear and comprehensible information:
- regarding the intended purpose of the sale;
- in good faith, in compliance with legal requirements regarding the protection of minors or persons without legal capacity;
- by any means appropriate for the communication technique being used, if it is a distance contract;
- on paper or on any other durable medium, if the contract is being entered into outside the professional's business premises.
When the information is provided on a durable medium, it must be legible, i.e. the information must be easy to read at a normal level of resolution.
It is strictly forbidden for the professional to circumvent this requirement by using:
- small print; or
- low contrast between the lettering and the background; or
- graphic elements on the button.
When the professional is able to do so, you must be able to communicate with them directly (by email or by phone).
- Mandatory information
- Information to be indicated depending on the communication method
Before you are bound by the contract or by an offer of a similar type, the professional must provide you, in a clear and comprehensible form, with a precise list of details that includes the following:
- their identity, the geographic address of their business premises, their phone number, email address and any other means of online communication that will enable you to keep a permanent record of all written exchanges with them;
- the term of the contract or, if it is an indefinite-term or rolling contract, the conditions governing its termination;
- the reminder that there is a legal warranty that applies to goods, digital content and digital services;
- the essential features of the product or service on offer;
- the price of the product or service, all taxes included, or when the price cannot be determined, the method for determining the price;
- the terms of payment;
- the terms of delivery of the product or performance of the service;
- whether or not there is a right of withdrawal (and if so, the conditions, deadline, procedure for exercising the right, and a copy of the withdrawal form);
The professional is also responsible for proving that they have fulfilled their obligation to inform you.
In addition to the points of information mentioned above, the professional is duty-bound to provide you with other information.
There following is an exhaustive list of these details, depending on whether the contract is:
Distance contract entered into electronically
If the distance contract is entered into electronically and you are required to make a payment, the professional must provide you with the following information, directly and in a clear and transparent manner, before you place the order:
- the essential features of the product or service on offer, in a manner that is appropriate for the communication method used;
- the price of the product or service offered;
- any additional transport, delivery or postage costs, and any other potential costs or, if such costs cannot be calculated with certainty, mention that they may be requested. Where applicable, costs are indicated per billing period;
- the term of the contract or, in the case of an indefinite-term or rolling contract, the terms governing its termination;
- the minimum duration of your obligations under the contract.
When you place your order, you must also acknowledge explicitly that you are aware that there is an obligation to pay. This means that you must make a declaration that refers explicitly to your obligation to pay.
If you have to click a button or employ some other similar feature to place your order, it must include a legible statement to the effect that the 'order requires payment'. The statement must:
- be unambiguous; and
- mention that if you place the order, you must pay the professional.
These provisions are also valid for passenger transportation contracts.
E-commerce websites
E-commerce websites must state, clearly, legibly and no later than the start of the ordering process:
- whether delivery restrictions apply; and
- which payment methods are accepted.
Remote communication methods with time and space constraints
When dealing with such communication methods (e.g. telephone, flyer, etc.), the professional must provide the following information at the very least:
- their identity;
- the main features of the product or service on offer;
- the total price;
- whether or not there is a right of withdrawal;
- the duration of the contract and the means of termination.
Contact by phone
If you are contacted by phone, the professional must clearly state, at the start of the conversation:
- their identity;
- where applicable, the identity of the party whom they represent;
- that the call is a sales call.
Conclusion of the contract
- Distance contract
- Off-premises contracts
If you decide to enter into the contract, the professional must provide you with:
- all mandatory information; and
- confirmation of the contract entered into on a durable medium (paper, email, secure document exchange platform, etc.), within a reasonable period of time:
- following the conclusion of the distance contract;
- at the latest, upon delivery of the product, or prior to commencing to provide the service, unless you had already received such information on a durable medium before entering into the contract.
Where the contract pertains to the provision of digital content without a physical medium, the professional must confirm, in a timely manner, and on a durable medium:
- your prior express approval for them to begin the performance of the project;
- that you have acknowledged that in giving such approval, you waive your right to withdraw.
If the contract is entered into by phone, you are not bound by the offer until:
- you have signed it; or
- you have agreed to it in writing.
The professional must be able to provide evidence of:
- the existence and content of pre-contractual information;
- the confirmation of the contract;
- compliance with the delivery or performance deadlines;
- your consent.
If a clause in the contract states otherwise, it will be considered unfair, and will thus not apply.
Before entering into the contract, the professional must provide you with all mandatory information:
- on paper; or
- on some other durable medium, with your consent.
The information must be legible and have been drafted in clear and comprehensible language.
The professional must provide you with:
- a copy of the signed contract; or
- confirmation of:
- the contract; and
- your prior express approval; and
- your acknowledgement.
All of this must be provided:
- on paper; or
- on some other durable medium, with your consent.
The professional must provide you with these materials within a reasonable period of time:
- at the latest, upon delivery of the product; or
- prior to commencing the provision of the service.
The professional must be able to provide evidence of:
- the existence and content of pre-contractual information;
- confirmation of the contract;
- compliance with the delivery or performance deadlines;
- your consent.
If a clause in the contract states otherwise, it will be considered unfair, and will thus not apply.
You may unilaterally declare the contract null and void, if one or more of the obligations to inform you is not met.
In general, you also have the right to withdraw if you change your mind about entering into the contract.
Item's delivery time
The professional must abide by the item's delivery time, which is generally stated in the contract.
If the contract does not specify a delivery time, the item must be delivered:
- within 30 days of the conclusion of the contract; or
- within a period of more than 30 days, if agreed to by both parties.
If the professional does not deliver the item within the set period, you may demand that the item be delivered within an additional period of time suited to the circumstances.
You can submit your demand for delivery in the form of:
- a simple letter or, if necessary, a registered letter with or without acknowledgement of receipt;
- an email;
- a fax;
- a notification in person or by phone.
For reasons of proof, it is preferable to have a written document.
Before terminating the contract, there is no need for you send a follow-up request for the delivery of the item within an additional period of time if:
- the professional has refused to deliver the item; or
- the delivery within the agreed delivery time is essential, given the circumstances surrounding the conclusion of the contract; or
- you have informed the professional, before entering into the contract, that delivery on or by a specific date is essential (e.g. a wedding dress).
If the professional fails to deliver the item within the additional period of time that you have granted them, you may terminate the contract.
You must then be reimbursed, without undue delay, within a period that is assessed on a case-by-case basis:
- the sum that you have disbursed; or
- a sum, plus interest at the legal rate, calculated from the first day following the expiry of the set period, if reimbursement is not forthcoming within that period.
If the professional disputes the failure to comply with the performance deadline, it is up to them to prove that they complied with that deadline.
Provision of unsolicited goods or services
If the professional delivers an item or provides services that you have not ordered, you are not required to pay for them.
Similarly, your failure to respond to an unsolicited delivery or service is not an indication of your agreement. Indeed, clauses such as 'unless you instruct us otherwise, we will assume that you agree to our proposal', on an invoice accompanying the item or service, hold no value.
Note that the provision of unsolicited goods or services should not be confused with the tacit renewal of a contract.
It is up to the professional to prove that you had effectively placed an order for an item or service.
The professional cannot demand any compensation whatsoever from you, or that you return the goods or keep them safe and secure. Were they to do so, they would be liable for a fine.
Withdrawal deadline
You may withdraw from a distance or off-premises contract (entered into further to door-to-door selling at your home or your workplace, or during an organised excursion, etc.), without having to justify your decision, if you do so within a certain period of time.
Contacts in the event of a problem
In the event of an individual dispute following the conclusion of a distance contract, you can contact one of the following organisations:
- the Luxembourg Consumer Protection Association (Union Luxembourgeoise des consommateurs - ULC): the ULC has national jurisdiction in the event of individual disputes. It also safeguards consumers' collective interests;
- the National Service of the Mediator of consumption (Service national du Médiateur de la consommation): it offers consumers and professionals a voluntary and confidential process to amicably resolve a consumption dispute – i.e. a dispute arising from a contract of sale or service entered into between a consumer and a professional;
- the European Consumer Centre EIG Luxembourg (Centre européen des consommateurs - CEC): it informs consumers and defends their interests if they have problems with a professional in another country of the European Union, or in Iceland or Norway.
Who to contact
-
Directorate for Consumer Protection
- Address:
-
271, route d’Arlon
L-1150
Luxembourg
Luxembourg
B.P. 119, L-2011 Luxembourg
- Phone:
- (+352) 247 73 700
- Email address:
- info@mpc.etat.lu
- Website:
- https://mpc.gouvernement.lu/en.html
-
Directorate for Consumer Protection
Passenger complaints
- Address:
- 271, route d’Arlon L-1150 Luxembourg Luxembourg
- Email address:
- passagers@mpc.etat.lu
-
Luxembourg Consumer Protection Association (ULC)
- Address:
- 55, rue des Bruyères L-1274 Howald
- Phone:
- (+352) 49 60 22 1
- Fax:
- (+352) 49 49 57
- Email address:
- info@ulc.lu
- Website:
- https://www.ulc.lu
Closed ⋅ Opens at 8.00
- Tuesday:
- 8.00 to 12.00
- Wednesday:
- 8.00 to 12.00
- Thursday:
- 8.00 to 12.00
- Friday:
- 8.00 to 12.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.00 to 12.00
In the afternoon only by appointment. -
Luxembourg Consumer Protection Association (ULC)
Luxembourg Commission for Travel Litigation (CLLV)
- Address:
- 55, rue des Bruyères L-1274 Howald
- Phone:
- (+352) 49 60 22 205
- Fax:
- (+352) 49 49 57
- Email address:
- contact@cllv.lu
- Website:
- https://www.ulc.lu
National Service of the Mediator of consumption
- Address:
- 6, rue du Palais de Justice L-1841 Luxembourg
- Phone:
- (+352) 46 13 11
- Fax:
- (+352) 46 36 03
- Email address:
- info@mediateurconsommation.lu
European Consumer Centre
- Address:
- 271, route d’Arlon L-1150 Luxembourg
- Phone:
-
(+352) 26 84 64 1
The telephone helpdesk is open on Mondays, Wednesdays and Fridays from 9.00 to 12.00 and on Tuesdays and Thursdays from 9.00 to 16.00.
- Fax:
- (+352) 26 84 57 61
- Email address:
- info@cecluxembourg.lu
Related procedures and links
Procedures
Links
Further information
on Your Europe
Download
-
Informations que le professionnel doit fournir au consommateur avant la conclusion d’un contrat à distance
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Informations que le professionnel doit fournir au consommateur avant la conclusion d’un contrat hors établissement
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Liste des contrats exclus des règles sur les contrats à distance et hors établissement
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