The following Commercial guidance note provides comprehensive and up to date legal information covering:
Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit toolkit.
This Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to the fairness and transparency of business-to-consumer (B2C) contract terms and notices. It considers exemptions from the unfair terms provisions, the fairness test, the ‘grey list’ of terms that may be considered unfair, the transparency test, ‘blacklisted’ terms and enforcement.
For a general overview of the CRA 2015, including the meaning of important terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary.
For consideration of the application of the CRA 2015 to goods, services and digital content, see Practice Notes:
Consumer Rights Act 2015—goods
Consumer Rights Act 2015—services
Consumer Rights Act 2015—digital content
For consideration of the use of specific boilerplate provisions in B2C contracts, namely adjudication, alternative dispute resolution (ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, limitation and exclusion of liability, variation and waiver, see Practice Note: Boilerplate clauses in business-to-consumer contracts—specific clauses.
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