The following Commercial guidance note provides comprehensive and up to date legal information covering:
This Practice Note sets out the framework of incorporating online consumer standard terms and conditions. A trader will typically ensure that consumers cannot continue with, for example, an online checkout process unless they have signified that they have read and understood the contract (such as by ticking a box before being allowed to proceed).
For more information on terms and conditions generally, see Practice Notes: Standard terms and conditions—advantages and disadvantages, Standard terms and conditions—incorporation and Key terms and conditions in contracts.
In comparison with contracts concluded between two businesses, the room for manoeuvre when drafting terms and conditions for consumers and implementing them is considerably limited. This is because of the rules on unfair terms in consumer contracts set out in the Consumer Rights Act 2015 (CRA 2015).
The CRA 2015, other relevant legislation (such as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) on distance and doorstep selling, and the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008) on unfair trading), and any accompanying guidance (eg from the Competition and Markets Authority (CMA)) should always be considered carefully when drafting and implementing terms and conditions.
For more information on the CRA 2015, CCR 2013 and CPUTR 2008, see Practice Notes:
Consumer Rights Act 2015—summary
Consumer Rights Act 2015—unfair terms
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