2.6.5. Invitation to purchase and material information - Other considerations

Where traders make invitations to purchase they will need to ensure that their commercial practices include the information required by the Directive, or that such information is apparent from the context. This does not mean that such information only needs to be provided where there can be said to be an invitation to purchase. Complying with the information requirements in Article 7(4) at the moment of the invitation to purchase does not exempt traders from providing any other additional information that the average consumer needs, in the context of a specific transaction, to make informed decisions, nor from providing any other information under other EU laws.

The Directive considers certain information to be 'material' where traders make invitations to purchase. Subject to the same considerations, which apply under Article 7(2) to misleading omissions generally, this information must be provided in a clear, unambiguous, intelligible and timely manner. Failure to do so in the context of an invitation to purchase will be tantamount to a misleading omission.


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