Consumer contracts: common terms and conditions

by Practical Law Commercial

A practice note providing guidance on drafting and reviewing the common terms and conditions of UK consumer contracts. This practice note examines the key legal framework governing business-to-consumer relationships, focusing on the requirements for fairness and transparency under the Consumer Rights Act 2015 (CRA). It explores which standard terms are considered acceptable and which may be deemed unfair and unenforceable. Key topics covered include pre-contract information obligations and cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs), and the impact of the Digital Markets, Competition and Consumers Act 2024 (DMCCA) on pricing and subscription contracts. This practice note also provides practical drafting tips and discusses the treatment of common clauses relating to contract formation, delivery, transfer of risk and title, remedies for breach, limitation of liability, guarantees, pricing, payment, variation, termination, data protection under the UK GDPR, applicable law and jurisdiction, alternative dispute resolution (ADR), arbitration and boilerplate.