The central phrase is retained in the law that a clause is unfair if “it creates, contrary to the good faith imperative, a significant imbalance in the rights and duties of the parties to the detriment of the consumer,” but there are a few additional requirements: Normally, a consumer does not have the automatic right to change his mind and terminate a contract; If that is the case, then they are in breach of the treaty. However, there is an automatic right of retraction in some specific cases, including most contracts with remote consumers (for example. B, remote selling or the internet) or at a consumer` home, etc.; See “Consumer Contracts (Information, Cancellation and Additional Fees) Regulations 2013″ below. Can a merchant enter into a contract under legal rights and remedies under a digital content contract? If more than six months have passed, the consumer must prove that the defect was there at the time of delivery. They must also demonstrate that the defect was on site at the time of delivery, when they use their short-term right to return the goods. Some defects do not occur until a certain time after delivery and, in these cases, it is sufficient to prove that there was, at that time, an underlying or hidden defect. The credit rating agency applies to contracts concluded on Or after October 1, 2015 and to consumer notifications that will be submitted as of October 1, 2015. However, existing contracts and notices are covered by the current law, but we believe that if an existing contract is different to such an extent that it is a new contract on October 1, 2015 or after October 1, 2015, the credit rating agency will also apply. The law is a mixed bag of consolidation (which introduces in a law a mass of rights of existing and often confused consumers), but also a new law.
The government took the opportunity to consolidate and update the Consumer Protection Act when they enter into contracts with merchants. The rating agency only applies to B2C (contracts between distributors and consumers), but suppliers and buyers of B2B (business-to-business) cannot ignore it, even if the goods, digital content or services concerned are ultimately delivered to consumers. A contract for the manufacture of goods is a contract of goods – if a trader manufactures products for a consumer (for example. B a seamstress who makes a dress), the agreement with the consumer should be considered a contract of goods, even if a service is provided. Conversely, the contract with the consumer is a service contract when the final product is only proof of the professional`s performance (for example. B writing a will). This distinction is important because it affects the remedies available to the consumer. If the consumer opts for repair, replacement, price reduction or final right of rejection and the defect is found within six months of delivery, it is presumed that the error was made at the time of delivery, unless the professional can prove anything else or is not inconsistent with the circumstances. , for example, obvious signs of abuse.