No. 33
Electronic Transactions
44.__(1) Before a conclusion of a distance contract or acceptance
of an offer, a consumer shall receive from the supplier the information indicated in section 33, and where applicable__
(a) when the supplier uses the services of a representative, the
supplier shall communicate to the consumer the identity of the
representative and his address and the following information__
(i) the fact that financial services are linked to instruments
involving special risks related to their specific features or the
operations to be executed or the fact that their price depends on
fluctuations in the financial markets outside the supplier's
control;
(ii) the fact that past performances do not allow to predict
future performances; and
(iii) any limitation of the term during which the information
provided is valid, the conditions of payment and execution and,
if necessary, the existence of any specific additional costs for
the consumer arising out of the use of electronic communication;
(b) where necessary, the existence of a right of withdrawal as
prescribed by section 35, its duration, the possible pecuniary
consequences of its exercise, as well as the address to be used by
the consumer to notify the supplier of his decision;
(c) in a case where the right of withdrawal is not exercisable,
the supplier shall inform the consumer about that and the
consequences.
31
Identity of a
provider of
financial or
banking
services
(2) For a contract with a withdrawal period, the supplier shall
inform the consumer that without his express consent, the
contract may not be executed before expiry of the withdrawal
period.
(3) The terms and conditions of the contract and in particular the
information indicated in subsections (1) and (2) shall be__
(a) provided in a clear and comprehensible manner and in any
way appropriate to the means of electronic communication used;
(b) communicated to a consumer in writing prior to the
conclusion of the contract; and
(c) communicated to a consumer in writing upon the
consumer's request at any time during the contractual relations.
45.__(1) Notwithstanding the provisions of section 35, a
consumer entering into a distant contract for the provision of
financial services shall have twenty calendar days unless otherwise
agreed by the parties, within which he may exercise his right to
Right of
withdrawal
from a
contract