Chapter IIIa, Article 16a, Paragraph 1. · Directive 2011/83/EU

Contents

1.In good time before the consumer is bound by a distance contract, or any corresponding offer, the trader shall provide the consumer, in a clear and comprehensible manner, with the following information:

(a)the identity and the main business of the trader and, where applicable, the identity and the main business of the trader on whose behalf he is acting;

(b)the geographical address at which the trader is established as well as the trader’s telephone number and email address, or details of any other means of communication offered by the trader and, where applicable, those of the trader on whose behalf he is acting; all those means of communication offered by the trader shall enable the consumer to contact the trader quickly and to communicate with him efficiently and guarantee that the consumer can keep any written correspondence with the trader on a durable medium;

(c)relevant contact details enabling the consumer to address any complaints to the trader, and, where applicable, to the trader on whose behalf he or she is acting;

(d)where the trader is registered in a trade or similar public register, the register in which the trader is entered and the registration number or an equivalent means of identification in that register;

(e)where the trader’s activity is subject to an authorisation scheme, the name, address, website and any other contact information of the relevant supervisory authority;

(f)a description of the main characteristics of the financial service;

(g)the total price to be paid by the consumer to the trader for the financial service, including all related fees, charges and expenses, and all taxes paid via the trader or, when an exact price cannot be indicated, the basis for the calculation of the price enabling the consumer to verify it;

(h)where applicable, information on the consequences of late or missed payments;

(i)where applicable, that the price was personalised on the basis of automated decision-making;

(j)where applicable, a notice indicating that the financial service is related to instruments involving special risks related to their specific features or the operations to be executed or whose price depends on fluctuations in the financial markets outside the trader’s control and a notice indicating that historical performances are not indicators for future performances;

(k)notice of the possibility that other taxes and/or costs that are not paid via the trader or imposed by him might exist;

(l)any limitations of the period for which the information provided in accordance with this paragraph is valid;

(m)the arrangements for payment and for performance;

(n)any specific additional cost for the consumer of using the means of distance communication, if such additional cost is charged;

(o)where environmental or social factors are integrated into the investment strategy of the financial service, information on any environmental or social objectives targeted by the financial service;

(p)the existence or absence of a right of withdrawal and, where the right of withdrawal exists, information on the withdrawal period and the conditions for exercising that right including information on the amount which the consumer may be required to pay, as well as the consequences of non-exercise of that right;

(q)the minimum duration of the distance contract in the case of financial services to be performed permanently or recurrently;

(r)information on any rights the parties might have to terminate the contract early or unilaterally by virtue of the terms of the distance contract, including any penalties imposed under the contract in such cases;

(s)practical instructions and procedures for exercising the right of withdrawal in accordance with Article 16b(1), indicating, inter alia, the trader’s telephone number and email address or details of other means of communication relevant to the sending of the withdrawal statement and, for financial services contracts concluded by means of an online interface, information about the existence and placement of the withdrawal function referred to in Article 11a;

(t)any contractual clause on the law applicable to the distance contract and/or on the competent court;

(u)in which language, or languages, the contractual terms and conditions, and the prior information referred to in this Article, are supplied, and furthermore in which language, or languages, the trader, with the agreement of the consumer, undertakes to communicate during the duration of the distance contract;

(v)where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it;

(w)the existence of guarantee funds or other compensation arrangements, not covered by Directives 2014/49/EU^note and 97/9/EC of the European Parliament and of the Council^note.