B2C legal terms to consider.
In order for a contract to be in place you will need to ensure the usual features of a contract are in place namely offer and acceptance and intent to create legal relation and consideration. However when dealing with the consumer there are also a number of stautues that you need to be aware of which protects the consumer and are fixed in stone. That is they cannot be taken away. These pieces of legislation are as follows
- The Unfair Contract Terms Act 1977 (UCTA).
- Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) (UTCCR).
- The Sale of Goods Act (SGA).
- The Supply of Goods and Services Act (SGSA).
- The Consumer Protection ( Distance Selling Regulations 2000 ) (SI 2000/2334) (DSR).
- The Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277) (CPRs).
- It is important when drafting terms of business for a consumer not to fall in to the trap of setting out many positive obligations only to restrict liability for your failure to comply with them They key for terms for a consumer is to set them out clearly and in plain English. The OFT isvery hot on this and has some excellent guidance as to what is legal and what is not legal. Two important pieces of legislation needs to be borne in mind namely UTCCR and the unfair practices set out in the CPRs.
Finally if the contract cannot be understood by non lawyers then reconsider it ! A court will be unlikely to find in your favour if the document cannot be understood by the lay person.