Off-premises contracts

Pursuant to the definition in the  consumer’s rights act, an off-premises contract is “a contract with a consumer concluded: a) while both parties are physically present in a location other than the trader’s premises, b) upon acceptance of an offer made by the consumer in circumstances specified in a) above, c) in the premises of a trader or through means of distance communication after individual and personal contact with the consumer in question has been made in a location other than the trader’s premises, with simultaneous presence of both parties, d) during a trip organized by the trader, the purpose or the effect of which is to promote sales and conclude contracts with consumers.”

 

Off-premises contracts include in particular those concluded outdoors, in the consumer’s apartment or during trips or presentations that do not take place at the trader’s premises but in a neutral venue. Regulations addressing such contracts are based on an assumption that in such situations consumers have a limited capability of taking rational decisions. The offer to conclude the contract is usually surprising, and the trader can use various means of persuasion to convince the consumer to accept the offer.

 

Importantly, in the light of the law an off-premises contract is only concluded between a  trader and a  consumer. Off-premises contract legislation does not apply to contracts concluded between  traders or between  consumers.