Contracts and consumer rights

Most of the purchases made between consumers and traders are finalised with a contract that includes a list of terms and conditions that must be adhered to by both parties.

To avoid nasty surprises, prior to signing such contracts, it is important that as consumers we check and carefully read each and every clause to ensure that what we agreed on is actually in the contract.

Important information in such a contract should include:

• the model/type of product/service ordered;

• the date when this was ordered and when it is meant to be delivered;

• the deposit paid and details of how the rest of the payment will be carried out;

• transport/delivery charges where applicable.

Consumer contracts might include unfair terms which are prohibited under the Consumer Affairs Act. A contract term is unfair when it tries to limit a consumer's legal right. The law provides a list of what could be considered unfair terms. In this list, one could find contract terms that exclude or limit the liability of a trader for every possible eventuality; terms that establish an unreasonably short period of time for notifying the trader of any defects; and terms which allow the trader to retain sums paid by the consumer should the consumer cancel the contract but the consumer is prohibited from, requesting compensation if it is the trader who cancels the contract. Moreover, the consumer cannot be prohibited from cancelling the contract if the trader fails to fulfil his obligations.

The law protects consumers from such unfair terms by nullifying the legal consequences of these conditions. In other words, unfair terms are not binding on consumers.

Consumer contracts should also be written in plain and intelligible language that can be easily understood.

Should a term be ambivalent, or any doubt arises about the meaning of a term, the law provides that the interpretation most favourable to the consumer shall prevail.