§3.1.7 The binding nature of pre-contractual information

Article 6(5) states the following with regard to the binding nature of pre-contractual information to be provided under Article 6(1): ‘5. The information referred to in paragraph 1 shall form an integral part of the distance or off-premises contract and shall not be altered unless the contracting parties expressly agree otherwise.’ Accordingly, the information provided on the trader’s website should be binding on the parties and, if the trader wishes to alter any of its elements, they should obtain the consumer’s express consent: — For example, the parties could expressly agree, by exchanging e-mails, on a different time of delivery of the goods than the one specified on the trader’s website; — However, a provision in the general terms and conditions stating that the trader may derogate from the information provided on the website would not comply with the requirement for express agreement of the parties. Article 6(5) would not apply to changes to the terms of the contract after its conclusion. When such changes are based on the terms of the contract, the Unfair Contract Terms Directive (64) will be relevant.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07