Off premises contracts
An off-premises contract is any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer, or any such contract for which an offer was made by the consumer in the same circumstances.
We can talk about off premises contract when the contract is signed in one of the following ways:
- during the visit of a professional at the consumer's house or workplace or where the consumer is at the moment, also temporarily for work, study or any other reason;
- during an excursion organized by the professional outside his premises;
- in a public area or open to public by subscription of an order note;
- by post or by catalogue the consumer could consult without the presence of the professional. To this type of contract can be applied the provisions of the distance contracts, in more in favour of the consumer.
These contracts are excluded from the law on off premises contracts:
- contracts on real estates;
- insurance contracts;
- financial contracts;
- contracts on the supply of food or drinks or other products with frequent and regular expiry date;
- goods and services contracts whose price is lower than 26 euros.
For off premises contracts the professional shall inform the consumer about the redress right. The information shall be provided in writing and shall include:
- the indication of terms, ways and conditions to exercice the redress right;
- the contacts of the person against whom exercice the redress right.
If it is a firm or other juridical person, the information shall regard the name and the legal branch of the firm and as well the name and the adress of the subject to whom the product has to be returned;
For the contracts foreseeing an order note, the information about the redress right shall be mentioned within the order note but separately from other clauses.
For contracts signed by post or by catalogue, the information about the redress right shall be displayed in the catalogue or in any other brochure.