§3.2.4 Delivery and performance of the contract

Article 5(1) (d) where applicable, the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the service, and the trader’s complaint handling policy; Article 6(1) (g) the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the service and, where applicable, the trader’s complaint handling policy; This information requirement is similar for on-premises and off-premises/distance contracts with the exception that for on-premises contracts, all the relevant information should be provided only ‘where applicable’, whereas for off-premises/distance contracts it should be provided in all cases, except for information on the trader’s complaint handling policy, which is only required ‘where applicable’. This information requirement is similar to the one under Article 7(4)(d) of the UCPD. However, under the UCPD information about the terms of payment, delivery and performance must be provided in the invitation to purchase only when it is to the consumer’s disadvantage when compared to diligent market practices. The trader would also satisfy the requirements of Article 5(1)(d) or 6(1)(g) regarding the time of delivery or performance if it indicates a period (such as ‘10 days’ or ‘two weeks’) from the conclusion of the contract (placing of the order by the consumer). The trader does not necessarily have to indicate a specific calendar date, as this may not always be practically feasible. For on-premises contracts, the obligation to inform about the time by which the trader undertakes to deliver the goods or to perform the service does not apply if the delivery or performance takes place immediately. For on-premises sales contracts, the requirement to indicate the time of delivery ‘where applicable’ should be interpreted also in light of Article 18. Namely, the trader should not have to inform about the time of delivery of goods if intending to deliver them within the default time limit of 30 days specified in Article 18. Of course, this does not prevent the trader from communicating to the consumer a different time for delivery or the trader and consumer from agreeing on a different date. The agreed date would then constitute the ‘agreed’ time of delivery, as referred to in Article 18 (see also section 6 on delivery). Article 7 of Regulation (EU) 2018/644 of the European Parliament and of the Council (85) on cross-border parcel delivery services requires all traders concluding sales contracts with consumers that include the sending of cross-border parcels to make available at the pre-contractual stage, where possible and applicable, information about the cross-border delivery options in relation to the specific sales contract and charges payable by consumers for the cross-border parcel delivery, as well as, where applicable, their own complaints handling policies. As regards online digital content and services, it should be noted that, pursuant to Article 5(1) of the Digital Content Directive, the trader must supply them to the consumer without undue delay after the conclusion of the contract, unless agreed otherwise. However, in accordance with Article 7(3) and Article 8(8) CRD regarding contracts for (digital) services (see section 5.6) and point (m) of the first paragraph of Article 16 CRD regarding contracts for online digital content (see section 5.7), the supplier should acquire the consumer’s prior express request/consent for the supply of a digital service or online digital content before the expiry of the right of withdrawal. Otherwise, the consumer could still withdraw from the respective contracts and would be entitled not to pay (or to claim reimbursement) for the digital service or online digital content received in accordance with Article 14(4) CRD (see section 5.8). Furthermore, Article 5(2) of the Digital Content Directive clarifies that the trader has complied with the obligation to supply when: (a) the digital content or any means suitable for accessing or downloading the digital content is made available or accessible to the consumer, or to a physical or virtual facility chosen by the consumer for that purpose; (b) the digital service is made accessible to the consumer or to a physical or virtual facility chosen by the consumer for that purpose.

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