Unfair consumer contracts
You can't enforce unfair terms in a standard consumer contract.
You can never enforce terms that try to avoid your responsibility for:
- faulty goods
- goods that aren't as described
- selling goods that aren't yours to sell
You might not be able to enforce terms if they try to avoid your responsibility in other ways, eg:
- unsatisfactory services
- not doing what was agreed
Your contract terms might also be unfair if they weigh the contract significantly in your favour, eg:
- excessive cancellation charges and automatic loss of all upfront payments
- unbalanced rights, eg being able to cancel a contract at any time, but requiring the customer to give 3 months' notice
- being able to change the agreed price for any reason at a later date
Your contract won't be unfair just because it sets a price that's higher than another business charges.
Contracts must be written in plain language to avoid being misleading and unfair.
If a customer complains
It's up to the courts to decide if terms in your contract are unfair.
You can be taken to court by the Competition and Markets Authority or a local trading standards office to stop you using unfair terms.