FPCOB 9.2 Providing product information to customers: general

1The appropriate information rule applies:

1. (1)

   at all of the different stages of a contract and includes pre-conclusion and post-conclusion information, and also when post-contractual changes are proposed;

2. (2)

   in the same way to any funeral plan, regardless of whether that funeral plan is sold on its own, or in connection with other goods or services; and

3. (3)

   to the price of the funeral plan.

1The level of information required will vary according to matters such as:

1. (1)

   the knowledge, experience and ability of a typical customer for the funeral plan;

2. (2)

   the terms of the funeral plan contract, including its main benefits, exclusions, limitations, conditions and its duration;

3. (3)

   whether the funeral plan is bought in connection with another product or service; and

4. (4)

   distance communication information requirements (for example, under the distance communication rules, less information can be given during certain telephone sales than in a sale made purely by written correspondence (see FPCOB 5.1.14R (exception: telephone calls)).

1Cancellation rights do not affect what information it is appropriate to give to a customer to enable them to make an informed purchasing decision.

1. (1)

   1A funeral plan’s main characteristics include its significant benefits, its significant exclusions and limitations, its duration (if applicable) and price information.

2. (2)

   A significant exclusion or limitation is one that would tend to affect the decision of customers generally to buy a funeral plan. In determining what exclusions or limitations are significant, a firm should particularly consider the exclusions or limitations that relate to the significant features and benefits of a funeral plan and factors which may have an adverse effect on the services provided under it. Another type of significant limitation might be that the contract only operates through certain means of communication, e.g. telephone or internet.

1. (1)

   1The funeral plan summary should be provided on paper or in another durable medium.

2. (2)

   In the case of telephone selling, a firm may provide the funeral plan summary in accordance with the distance communication timing requirements and provide the funeral plan summary to the customer immediately after the conclusion of the funeral plan contract.

3. (3)

   The funeral plan summary should be provided on paper or in another durable medium and otherwise in accordance with FPCOB 6.2 (Means of communication to customers).

1Price information should include at least the total price (or where it cannot be indicated, the basis for calculating it) of the funeral plan and, where relevant:

1. (1)

   for instalment payment funeral plans with a payment schedule greater than 12 months, whether the payments may increase and if so, the amount of the increase (or where this cannot be indicated, the basis for calculating it) and the timing of the increase;

2. (2)

   other fees and taxes payable and potentially payable by the customer through the firm; and

3. (3)

   a statement identifying separately the possibility of any taxes not payable through the firm.

1For the purposes of the fair, clear and not misleading rule:

1. (1)

   the total price of the instalment payment option should be given equal prominence and emphasis as the price of the single payment option; and

2. (2)

   the total price of the instalment payment option should not be presented in a way that gives the impression that it is equivalent to the price of the single payment option (unless this is actually the case).

1Price information should be given in writing or another durable medium in good time before conclusion of the contract. This is in addition to any requirement or decision to provide the information orally. In the case of a distance contract concluded over the telephone, it may be provided in writing or another durable medium no later than immediately after conclusion.