E-Commerce and Mortgage Credit Directive | Orders and Receipts | Mortgage and Home Finance Conduct of Business MCOB | Template for FCA Applications and Authorised Firms

6.7 E-Commerce

The company ensure that the below information is made easily, directly and permanently accessible to the recipients of the information society services that we provide by means of being displayed and/or disclosed on all: –

• Relevant Written Materials
• Website Content
• Distance Marketing Materials
• Promotional Materials
• Email Communication
• Advertising Content

The company makes easily available and accessible: –

1. Our name
2. The geographic address at which we are established
3. The details of the firm, including our e-mail address, which allow us to be contacted rapidly and communicated with in a direct and effective manner
4. An appropriate statutory status disclosure statement (see section 3.4 of this manual), together with a statement which explains that it is on the Consumer Credit Register (and FSR where applicable) and includes our Firm Reference Number and FCA Authorisation Number (if different)
5. Where we refer to price, we do so clearly and unambiguously, indicating whether the price is inclusive of tax and delivery costs

Where we are registered as a professional firm, or a person regulated by the equivalent of a designated professional body in another EEA State:

• The name of the professional body (including any designated professional body) or similar institution with which we are registered
• The professional title and the EEA State where the professional title was granted
• A reference to the applicable professional rules in the EEA State of establishment and the means to access them
• Where we undertake an activity that is subject to VAT, our VAT number

All commercial communications developed, used and sent out by the company, which are part of, or constitute, an information society service, are checked and reviewed for full compliance with the following conditions: –

• The commercial communication is always clearly identifiable as such
• The person on whose behalf the commercial communication is made is clearly identifiable
• Any promotional offers are clearly identifiable as such, and the conditions that must be met to qualify for them are ensured to be easily accessible and presented clearly and unambiguously
• Promotional competitions or games are clearly identifiable as such, and the conditions for participation are easily accessible and presented clearly and unambiguously

6.7.1 Orders & Receipts

All orders, as defined by the MCOB rules, placed with the company are subject to the below requirements being complied with.

The company ensures that: –

• Any ECA recipient is given at least the following information, clearly, comprehensibly and unambiguously, and before the order is placed by the recipient of the service: –
  • the different technical steps to follow to conclude the contract
  • whether or not the concluded contract will be filed by the firm and whether it will be accessible
  • the technical means for identifying and correcting input errors before the placing of the order
  • the languages offered for the conclusion of the contract
• We indicate any relevant codes of conduct to which we subscribe and information on how those codes can be consulted electronically
• (When an ECA recipient places an order through technological means), we acknowledge the receipt of the recipient’s order without undue delay and by electronic means (an order and an acknowledgement of receipt are deemed to be received when the parties to whom they are addressed are able to access them)
• We make available to an ECA recipient, appropriate, effective and accessible technical means allowing the recipient to identify and correct input errors before the placing of an order
• Where we have provided contractual terms and conditions to an ECA recipient, they are made available in a way that allows the recipient to store and reproduce them