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The Financial Services (Distance Marketing) Regulations 2004
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- UK Statutory Instruments
- 2004 No. 2095
- Regulation 7
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Information required prior to the conclusion of the contractU.K.
This section has no associated Explanatory Memorandum
7.—(1) Subject to [F1paragraphs (1A) and (4)], in good time prior to the consumer being bound by any distance contract, the supplier shall provide to the consumer the information specified in Schedule 1.
[F2(1A) Where a distance contract to which paragraph (1) applies is also a contract for payment services to which the Payment Services Regulations 2009 apply, the supplier is required to provide to the consumer only the information specified in paragraphs 8 to 13, 16, 17 and 21 of Schedule 1.]
(2) The supplier shall provide the information specified in Schedule 1 in a clear and comprehensible manner appropriate to the means of distance communication used, with due regard in particular to the principles of good faith in commercial transactions and the principles governing the protection of those who are unable to give their consent such as minors.
(3) Subject to paragraph (4), the supplier shall make clear his commercial purpose when providing the information specified in Schedule 1.
(4) In the case of a voice telephone communication—
(a)the supplier shall make clear his identity and the commercial purpose of any call initiated by him at the beginning of any conversation with the consumer; and
(b)if the consumer explicitly consents, only the information specified in Schedule 2 need be given.
(5) The supplier shall ensure that the information he provides to the consumer pursuant to this regulation, regarding the contractual obligations which would arise if the distance contract were concluded, accurately reflects the contractual obligations which would arise under the law presumed to be applicable to that contract.
Textual Amendments
F1Words in reg. 7(1) substituted (1.11.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(c), Sch. 6 para. 5(a)(i)
F2Reg. 7(1A) inserted (1.11.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(c), Sch. 6 para. 5(a)(ii)
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