§4.1 Definition of a distance contract

Article 2 defines distance contracts as follows: ’(7) ‘distance contract’ means any contract concluded between the trader and the consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded’. Recital 20 provides further explanations of this concept, including examples of means of distance communication: ‘The definition of distance contract should cover all cases where a contract is concluded between the trader and the consumer under an organised distance sales or service-provision scheme, with the exclusive use of one or more means of distance communication ( such as mail order, internet, telephone or fax ) up to and including the time at which the contract is concluded. That definition should also cover situations where the consumer visits the business premises merely for the purpose of gathering information about the goods or services and subsequently negotiates and concludes the contract at a distance. By contrast, a contract which is negotiated at the business premises of the trader and finally concluded by means of distance communication should not be considered a distance contract. Neither should a contract initiated by means of distance communication, but finally concluded at the business premises of the trader be considered a distance contract. Similarly, the concept of distance contract should not include reservations made by a consumer through a means of distance communications to request the provision of a service from a professional, such as in the case of a consumer phoning to request an appointment with a hairdresser. […]’. In concluding a distance contract, the parties may also use a combination of several different means of distance communication (e.g. website, mobile app, or phone call). The fact that parties meet each other after concluding the distance contract, typically at the time of delivery or payment, should not change the classification of a contract as a distance contract. If the consumer has merely visited the business premises to gather information about the goods or services, the contract that they subsequently negotiate and conclude with the trader at a distance should be considered a distance contract. Although simply taking of an appointment with the trader is not considered a distance contract, a binding reservation made, for example, by telephone of goods to be collected or services to be received at a certain time is likely to constitute a distance contract for the purposes of the Directive. The Directive only applies to distance contracts concluded under an organised distance sales or service-provision scheme. For example, if a trader only exceptionally concludes a contract with a consumer by email or telephone, after being contacted by the consumer, such a contract should not be considered a distance contract under the Directive. However, it is not necessary that the trader puts in place a complex organisation, such as online interface, for distance sales. Also simpler arrangements, such as promoting the use of email or telephone for the conclusion of contracts with consumers would trigger the application of the CRD requirements. The trader may use an online marketplace for the conclusion of contracts subject to the Directive. As explained in Recital 20: ‘[…] The notion of an organised distance sales or service-provision scheme should include those schemes offered by a third party other than the trader but used by the trader, such as an online platform. It should not, however, cover cases where websites merely offer information on the trader, his goods and/or services and his contact details.’ The application of the CRD does not depend on the technology used by a trader. It is irrelevant if a consumer concludes a ‘normal’ distance contract over the internet or uses blockchain execution technology (109).

← 4 · All articles · 4.2 →

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