Unfair Terms in Consumer Contracts
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The European Union introduced Directive 93/13/EEC on Unfair Terms in Consumer Contracts and European Communities (Unfair Terms in Consumer Contracts Regulations), 1995 and 2000 to ensure that consumers benefited equally from the same fair terms in all of their dealings with retailers of goods and services. This was incorporated into the Unfair Terms in Consumer Contracts Regulations 1999.
All standard contracts that allow a consumer to purchase goods and services are covered by the Directive, except for those that are individually negotiated by the parties.
The Regulations promote the use of more simple language in contracts, which provides a higher level of fairness.
Ultimately the decision on whether a term is unfair or not is made by a Judge in a Court of Law, in the UK this will be through the County Court service.
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