Based on art. 7:46i BW and 7:46c BW, the telecom provider has an obligation to provide information on the characteristics of the product and the possibility of termination of the agreement. This specific information must be provided to the consumer in writing in a clear and comprehensible manner after the agreement has been concluded. If this information is missing, the customer will be entitled to terminate the agreement during the term as referred to in article 7:46d paragraph 1 BW.
The court contemplates that the telecom provider has not fulfilled the obligation to provide information. It has consciously provided no written information at all. As a result, the consumer has been denied the opportunity to verify that the conditions discussed on the phone have been correctly included in the agreement. If this would have been the case, the consumer could have found that the agreement as noted by the telecom provider diverged from the telephonic agreement, at least from the consumer's intentions, and could, on the basis of this information, decide whether he would or would not accept the agreement.