Consumer standard terms and conditions—the business context
Consumer standard terms and conditions—the business context

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Consumer standard terms and conditions—the business context
  • Background: consumer legislation
  • Background: BEUC report on informing customers effectively
  • Background: FCA’s consultation on smarter consumer communications
  • General drafting considerations
  • Making the terms and conditions more personal
  • Other corporate and marketing material
  • Adding value to the terms and conditions
  • Brand guidance
  • Order of the terms and conditions
  • More...

This Practice Note looks principally at the business context, as opposed to pure legal framework, when drafting consumer standard terms and conditions which are subject to the Consumer Rights Act 2015 (CRA 2015). As well as providing brief details on the consumer legislation that applies (and links to relevant Practice Notes), it also looks at the business context in which the terms and conditions operate and how lawyers can add value to them and the business which they are advising.

For more information on terms and conditions generally, see Practice Notes:

  1. Standard terms and conditions—advantages and disadvantages

  2. Standard terms and conditions—incorporation

  3. Key terms and conditions in contracts

For our suite of template business-to-consumer (B2C) contracts and drafting tips, see ‘Drafting contracts with consumers’ in: Consumer protection contractual relationships—overview and Drafting consumer contracts—checklist.

For information on the drafting of boilerplate clauses in B2C contracts, see Practice Notes: Boilerplate clauses in business-to-consumer contracts—general principles and Boilerplate clauses in business-to-consumer contracts—specific clauses.

Background: consumer legislation

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 CRA 2015.

The CRA 2015 states, in particular, that:

  1. an unfair term of a consumer contract is not binding on the consumer

  2. a term is unfair if,

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