The e-merchant's guide

Pre-contractual information: what you must disclose before the order

Last reviewed on July 22, 2026

What you must provide before the order

Before the consumer is bound by the contract, the trader provides them, in a clear and comprehensible manner (Directive 2011/83/EU, art. 6), with a set of information. For an e-merchant, this covers in particular:

• •The main characteristics of the good or the service that you sell.
• •The price (incl. VAT). The all-taxes-included price must be indicated to the consumer.
• •Your identity and contact details. Your name or company name, as well as your geographical address, your telephone number and your email.
• •Information about the withdrawal right : its existence, its conditions, the 14-day period, the arrangements for exercising it and the model withdrawal form, or the absence of that right, where applicable.
• •The duration of the contract and the conditions for terminating it, where the contract is concluded for a set duration.
• •The existence and the arrangements for implementing the legal guarantees (conformity, hidden defects) and, where applicable, any commercial guarantees.
• •The functionality and interoperability of digital content, where you sell it.
• •The arrangements for payment, delivery and performance of the contract.
• •The existence of and access arrangements for a consumer mediator.

The reinforced information for distance selling

Distance and off-premises selling goes further than the common base : Directive 2011/83/EU (art. 6) sets specific information requirements for distance selling. On top of everything above, you must in particular state two elements specific to online selling.

It is for you to prove that you informed the consumer

An essential and often underestimated point: the burden of proof lies with the trader. It is for you to prove that you provided the pre-contractual information (a rule harmonised by Directive 2011/83/EU), and not for the consumer to prove that you did not.

In practice, this means that you must be able to demonstrate that this information was indeed presented before the order and confirmed on a durable medium. A clear checkout flow and a written confirmation (for example the order summary email) are therefore not mere best practices: they are your evidence.

Where to display this information

The law imposes the content of the information, but it is for you to organise its presentation. In practice, this information is spread across several points of your shop.

The aim is that at no point should the consumer be bound by the contract without having had access, in a legible and comprehensible manner, to all of these elements.

The risk if you fail to comply

A failure to comply with the pre-contractual information duty is liable to an administrative fine imposed by the competent national authority (in Ireland, the CCPC). But the risk does not stop there: since the burden of proof falls on you, incomplete or undocumented information easily turns against you in the event of a dispute, in particular on the withdrawal right, where defective information can extend the exercise of that right in the consumer's favour. Bringing your information into compliance is therefore first and foremost a preventive measure.