Q&As

If a business was to demonstrate regularly at a convention could this be an on-premises contract?

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Published on LexisPSL on 05/12/2016

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • If a business was to demonstrate regularly at a convention could this be an on-premises contract?
  • Business premises
  • On-premises contracts

We have limited our answer to this Q&A to cover the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 as well as the Consumer Rights Act 2015 (CRA 2015).

Article 3(4) of Directive 2011/83/EU (OJ L 304/64), the EU Consumer Rights Directive (EU CRD) introduced a de minimis threshold of up to €50 for the pre-contractual information (and cancellation) requirements for off-premises sales. Article 7(4) introduced a de minimis threshold of up to €200 for all the pre-contractual information requirements for off-premises sales in the case of essential repairs and maintenance. Note that the criterion considered below for off-premises contracts does not overrule this de minimis threshold. See Practice Note: The EU Consumer Rights Directive for more information.

Business premises

One consideration is whether the convention could constitute a premises.

The EU CRD provides at recital (21) that off-premises includes:

‘a place which is not the business premises of the trader’.

Article 2(9) of the EU CRD states:

‘business premises’ means:

(a) any immovable retail

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