PRE-CONTRACTUAL INFORMATION FOR DISTANCE CONTRACTS 

1. Before the consumer is bound by a contract concluded remotely, or by a corresponding proposal, the supplier of goods or service provider must provide him, in a timely manner and in a clear and understandable manner, with the following information:

a) Identity of the supplier of goods or service provider, including the name, company name or company name, the physical address where it is established, the telephone number and the email address, if any, in order to allow the consumer to contact and communicate quickly and effectively;
b) When applicable, the physical address and identity of the professional acting on behalf of or on behalf of the supplier of goods or service provider;
c) The physical address of the professional's commercial establishment, if different from the address communicated under the terms of the previous paragraphs and, if applicable, the physical address of the professional on whose behalf the consumer acts, where the consumer can lodge a complaint.
d) Essential characteristics of the good or service, to the extent appropriate to the support used and the good or service subject to the contract;
e) Total price of the good or service, including fees and taxes, additional transport charges, postal or delivery costs or any other charges that may apply;
f) The method of calculating the price, including everything that refers to any additional transport, delivery and postal charges, and any other costs, when the nature of the good or service does not allow calculation at a time prior to the conclusion of the contract;
g) Indication that additional transport, delivery and postal charges may be due, and any other costs, when such charges cannot be reasonably calculated before the conclusion of the contract;
h) The total price, which must include the total costs, per billing period, in the case of a contract of indefinite duration or that includes a periodic subscription;
i) The total price equivalent to the entire monthly or other periodic charges, in the case of a contract with a fixed tariff, and the method of calculating the price must be communicated when it is impossible to calculate it at a time prior to the conclusion of the contract;
j) Methods of payment, delivery, execution, the deadline on which it is committed to delivering the goods or providing the service, and, if applicable, the system for handling consumer complaints by the supplier of goods or service provider;
l) Information that the price was personalized based on an automated decision, when applicable;
m) When applicable, the existence of the right to freely terminate the contract, the respective deadline and the procedure for exercising the right, with delivery of the free termination form contained in part B of the annex to decree-law 24/2014, of February 14;
n) When applicable, the indication that the consumer bears the costs of returning the goods in the event of exercising the right of free withdrawal and the amount of these costs, if the goods, due to their nature, cannot be returned normally by regular mail;
o) The obligation for the consumer to pay the service provider a certain amount, proportional to the service already provided, whenever the consumer exercises the right of free resolution after having submitted the request for service provision during the period of free resolution;
p) When there is no right of free resolution, under the terms of article 17 of D.L. 24/2014, of February 14, the indication that the consumer does not benefit from this right or, if applicable, the circumstances in which the consumer loses his right of free resolution;
q) Cost of using the distance communication technique, when calculated in reference to a tariff other than the base tariff;
r) The duration of the contract, when it is not indefinite or instantaneous, or, in the case of a contract for the supply of goods or provision of services with continuous or periodic performance or automatic renewal, the termination requirements, including, where applicable, the compensation regime established for the early termination of contracts subject to minimum contractual periods;
s) The existence and term of the guarantee of conformity of digital goods, content or services, when the legal regime for the sale of consumer goods contained in Decree-Law no. 84/2021, of October 18, is applicable;
t) The existence and conditions of after-sales assistance, after-sales services and commercial guarantees when applicable;
u) The existence of relevant codes of conduct, if any, and how to obtain their copies;
v) The minimum duration of consumer obligations arising from the contract, where applicable;
x) The existence of deposits or other financial guarantees and respective conditions to be paid or provided by the consumer at the request of the professional, if any; 

2. Without prejudice to the provisions of paragraph a) of the previous paragraph, if the supplier of goods or service provider provides another means of online communication that allows the consumer to keep all written correspondence maintained, including the date and time of correspondence, on a durable medium, the information must include detailed data about that other means that must allow quick and effective contact with the professional.
3. The information determined in subparagraphs l), m) and n) of number 1 can be provided using the information model on the right to free resolution contained in part A of the annex to D.L. No. 24/2014, of February 14, considering that the supplier of goods or service provider has fulfilled the obligation to provide information regarding these elements, if it has delivered these instructions to the consumer correctly completed.
4. The information referred to in paragraph 1 forms part of the contract concluded remotely, and its content cannot be changed, unless the parties expressly agree otherwise prior to the conclusion of the contract.
5. In case of non-compliance with the duty to provide information regarding additional charges or other costs referred to in subparagraphs e), f), g), h) and i) or regarding the costs of returning the goods referred to in subparagraph m), both of paragraph 1, the consumer is released from these costs or charges.
6. It is the responsibility of the supplier of goods or service provider to prove compliance with the information obligations established in this article. 

Form requirements for contracts concluded remotely 

1 – The information referred to in pre-contractual information in contracts concluded remotely must be provided in a clear and understandable manner using a means appropriate to the distance communication technique used, with respect for the principles of good faith, loyalty in commercial transactions and the protection of incapacitated people, especially minors.
2 – When, in a contract concluded electronically at a distance, the order by the consumer implies an obligation to pay, the supplier of goods or service provider must provide the consumer, in a clear and visible manner, and immediately before the consumer completes the order, the pre-contractual information provided for in paragraphs d), e), f), g), h), i), q) and u) of paragraph 1 of the previous point.
3 – To comply with the provisions of the previous paragraph, the supplier of goods or service provider must ensure that the consumer, when completing the order, confirms, expressly and consciously, that the order implies the obligation to pay.
4 – When completing the order involves activating a button or similar function, the button or said function is identified in an easily legible manner, with only the expression “order with obligation to pay” or a corresponding and unambiguous wording, which indicates that placing the order implies an obligation to pay the professional.
5 – Without prejudice to the duty to communicate the remaining information contained in paragraph 1 of the Pre-contractual Information in contracts concluded at a distance, according to the means of distance communication used, when the contract is concluded through a means of distance communication with limited space or time to disseminate the information, the supplier of goods or service provider must provide, in that or through that specific means, before the conclusion of the said contract, at least, the pre-contractual information relating to the main characteristics of the goods or services, the identity of the professional, at the total price, the right of withdrawal, the period of validity of the contract and, if it is of indefinite duration, the conditions for its termination, referred to in subparagraphs a), d), e), f), g), h), i), m) and r) of paragraph 1 of the previous point, with the exception of the model withdrawal form provided for in Annex I, part B, of D.L. 24/2014, 14 February.
6 – In addition to the information mentioned in the previous paragraph, the remaining information provided, including the withdrawal form model, must be provided by the supplier of goods or service provider to the consumer in an appropriate manner.
7 – In the case of communication via telephone, the identity of the supplier of the goods or service provider or the professional acting in their name or on their behalf and the commercial purpose of the call must be explicitly communicated at the beginning of any contact with the consumer.
8 – When the contract is concluded by telephone, the consumer is only bound after signing the offer or sending his written consent to the supplier of goods or service provider, except in cases where the first telephone contact is made by the consumer himself.
9 – If the supplier of goods or service provider does not comply with the provisions of paragraphs 2, 3 and 4, the consumer is not bound by the contract