Consumer contract - Revision history

Designing Buildings at 08:01, 14 February 2021

2021-02-14T08:01:22Z

← Older revision		Revision as of 08:01, 14 February 2021
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	* Essentials of a contract.		* Essentials of a contract.

−	[[Category:~~Other_legislation~~]] [[Category:~~DCN_Legislation~~]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Other_legislation]]

Designing Buildings at 13:09, 14 October 2019

2019-10-14T13:09:36Z

← Older revision		Revision as of 13:09, 14 October 2019
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	* Consumer.		* Consumer.
	* Consumer Contracts Regulations.		* Consumer Contracts Regulations.
		+	* Consumer Rights Act 2015.
	* Essentials of a contract.		* Essentials of a contract.

−	[[Category:Other_legislation]]	+	[[Category:Other_legislation]] [[Category:DCN_Legislation]]

Designing Buildings at 13:09, 14 October 2019

2019-10-14T13:09:09Z

← Older revision		Revision as of 13:09, 14 October 2019
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	The structure and appearance of some traditional consumer contracts may mean they can look slightly intimidating to consumers, however consumers are provided some protection under law. Generally, parties are free to agree to any contract terms which they deem to be acceptable. However, consumer laws regulate terms or provisions that may be deemed unfair to consumers or be open to abuse by sellers.		The structure and appearance of some traditional consumer contracts may mean they can look slightly intimidating to consumers, however consumers are provided some protection under law. Generally, parties are free to agree to any contract terms which they deem to be acceptable. However, consumer laws regulate terms or provisions that may be deemed unfair to consumers or be open to abuse by sellers.
		+
		+	In the UK, the rights of consumers purchasing goods and services are protected by the Consumer Rights Act 2015.

	= Elements of a legally-binding consumer contract: =		= Elements of a legally-binding consumer contract: =

Designing Buildings at 13:08, 14 October 2019

2019-10-14T13:08:17Z

← Older revision		Revision as of 13:08, 14 October 2019
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	= Introduction =		= Introduction =

−	A consumer contract is a legally-binding agreement that is made between a seller ~~(who is a merchant who supplies goods)~~ and a consumer – a person who purchases goods or services for personal use. These contracts typically cover finished products although they can cover the sale of raw materials and services.	+	A consumer contract is a legally-binding agreement that is made between a seller and a consumer – a person who purchases goods or services for personal use. These contracts typically cover finished products although they can cover the sale of raw materials and services.

−	~~===~~ Contracts can be made: ~~===~~	+	Contracts can be made:

	* By verbal agreements		* By verbal agreements
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	* As silent contracts eg, payment at a supermarket self-service checkout where a contract is made even though no words are spoken and nothing is signed.		* As silent contracts eg, payment at a supermarket self-service checkout where a contract is made even though no words are spoken and nothing is signed.

−	The structure and ~~traditional~~ appearance of ~~a typical~~ consumer ~~contract~~ may mean it can look slightly intimidating to consumers, however ~~consumer~~ protection laws ~~often influence the format~~ to ~~make it more user friendly~~.	+	The structure and appearance of some traditional consumer contracts may mean they can look slightly intimidating to consumers, however consumers are provided some protection under law. Generally, parties are free to agree to any contract terms which they deem to be acceptable. However, consumer laws regulate terms or provisions that may be deemed unfair to consumers or be open to abuse by sellers.

−	~~Generally, parties are free to agree to any contract terms which they deem to be acceptable. However,~~ consumer ~~laws regulate terms or provisions that may be deemed unfair to consumers or be open to abuse by sellers.~~	+	= Elements of a legally-binding consumer contract: =

−	~~== Elements of~~ a ~~legally-binding~~ consumer contract: ==	+	The offer: for a consumer contract to be legally binding, it must include the consumer’s ‘offer’ which can involve one of the following:

−	~~=== The offer: for a consumer contract to be legally binding, it must include the consumer’s ‘offer’ which can involve one of the following: ===~~	+	* The consumer taking a product to the checkout.
−		+
−	* The consumer taking a product to the checkout ~~(so offering to buy it)~~.	+
	* The consumer contracts to place an order from a brochure.		* The consumer contracts to place an order from a brochure.
−	* The consumer views a website and clicks on ‘add to my basket’.	+	* The consumer views a website and clicks ‘add to my basket’.
−	* The ~~consumer asks for~~ a quote for a product or service ~~– and agrees to it~~.	+	* The accepts a quote for a product or service.
−		+
−	~~=== Acceptance of the offer ===~~	+

	The merchant accepts the consumer’s offer by one of the following acts:		The merchant accepts the consumer’s offer by one of the following acts:
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	* Accepts the order and payment for a brochure transaction.		* Accepts the order and payment for a brochure transaction.

−	~~===~~ Consideration – or payment for the goods (including a promise to pay). ~~===~~	+	Consideration – or payment for the goods (including a promise to pay).
−		+
−	~~=== Intention ===~~	+

	For the contract to be legally binding, both consumer and merchant must accept that they are legally bound (intention) to it and understand its meaning. Furthermore, the consumer must be:		For the contract to be legally binding, both consumer and merchant must accept that they are legally bound (intention) to it and understand its meaning. Furthermore, the consumer must be:
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	* Be sound in mind (not mentally ill).		* Be sound in mind (not mentally ill).
	* Not be under the sway of narcotics.		* Not be under the sway of narcotics.
		+
		+	= Consumer contracts regulations =
		+
		+	The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are applicable to all contracts for the provision of goods from 13 June 2014.
		+
		+	The regulations apply to off-premises contracts, distance contracts and on-premises contracts and set out the following:
		+
		+	* The information a trader must give to a consumer before and after making a sale.
		+	* How that information should be provided.
		+	* The right for consumers to change their minds when purchasing from a distance or off-premises.
		+	* Delivery times and passing of risk.
		+	* A prohibition on any additional payments which appear as a default option.
		+	* A prohibition on consumers having to pay in excess of the basic rate for post-contract customer help lines.
		+
		+	While the information appears to be primarily aimed at traders, the legislation does in fact affect contracts for professional services.
		+
		+	For more information see: Advice from CIAT about the cancellation of consumer contracts.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

−	* ~~Collateral warranties~~.	+	* Advice from CIAT about the cancellation of consumer contracts.
	* Compensation.		* Compensation.
	* Compensation event.		* Compensation event.
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	* Construction contract.		* Construction contract.
	* Consumer.		* Consumer.
−	* ~~Delay damages~~.	+	* Consumer Contracts Regulations.
	* Essentials of a contract.		* Essentials of a contract.
−	* Fees.
−	* Liquidated damages.
−	* Loss and expense.
−	* Payment for extra work.
−	* Penalty.

	[[Category:Other_legislation]]		[[Category:Other_legislation]]

Editor at 18:13, 10 October 2019

2019-10-10T18:13:20Z

← Older revision		Revision as of 18:13, 10 October 2019
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	* Collateral warranties.		* Collateral warranties.
	* Compensation.		* Compensation.
		+	* Compensation event.
	* Consideration.		* Consideration.
	* Construction contract.		* Construction contract.
	* Consumer.		* Consumer.
−	* Essentials of a contract.
−	* Fees.
−	* Compensation event.
	* Delay damages.		* Delay damages.
		+	* Essentials of a contract.
	* Fees.		* Fees.
	* Liquidated damages.		* Liquidated damages.

Editor at 18:12, 10 October 2019

2019-10-10T18:12:21Z

← Older revision		Revision as of 18:12, 10 October 2019
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	* Consideration.		* Consideration.
	* Construction contract.		* Construction contract.
		+	* Consumer.
	* Essentials of a contract.		* Essentials of a contract.
	* Fees.		* Fees.

Editor at 17:58, 10 October 2019

2019-10-10T17:58:00Z

← Older revision		Revision as of 17:58, 10 October 2019
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	* The consumer asks for a quote for a product or service – and agrees to it.		* The consumer asks for a quote for a product or service – and agrees to it.

−	Acceptance of the offer	+	=== Acceptance of the offer ===

	The merchant accepts the consumer’s offer by one of the following acts:		The merchant accepts the consumer’s offer by one of the following acts:
Line 30:		Line 30:
	* Accepts the order and payment for a brochure transaction.		* Accepts the order and payment for a brochure transaction.

−	Consideration – or payment for the goods (including a promise to pay).	+	=== Consideration – or payment for the goods (including a promise to pay). ===

−	Intention	+	=== Intention ===

	For the contract to be legally binding, both consumer and merchant must accept that they are legally bound (intention) to it and understand its meaning. Furthermore, the consumer must be:		For the contract to be legally binding, both consumer and merchant must accept that they are legally bound (intention) to it and understand its meaning. Furthermore, the consumer must be:

Editor: Created page with "= Introduction = A consumer contract is a legally-binding agreement that is made between a seller (who is a merchant who supplies goods) and a consumer – a person who purchase..."

2019-10-10T17:57:20Z

Created page with "= Introduction = A consumer contract is a legally-binding agreement that is made between a seller (who is a merchant who supplies goods) and a consumer – a person who purchase..."

New page

= Introduction =

A consumer contract is a legally-binding agreement that is made between a seller (who is a merchant who supplies goods) and a consumer – a person who purchases goods or services for personal use. These contracts typically cover finished products although they can cover the sale of raw materials and services.

=== Contracts can be made: ===

* By verbal agreements
* In written form
* As silent contracts eg, payment at a supermarket self-service checkout where a contract is made even though no words are spoken and nothing is signed.

The structure and traditional appearance of a typical consumer contract may mean it can look slightly intimidating to consumers, however consumer protection laws often influence the format to make it more user friendly.

Generally, parties are free to agree to any contract terms which they deem to be acceptable. However, consumer laws regulate terms or provisions that may be deemed unfair to consumers or be open to abuse by sellers.

== Elements of a legally-binding consumer contract: ==

=== The offer: for a consumer contract to be legally binding, it must include the consumer’s ‘offer’ which can involve one of the following: ===

* The consumer taking a product to the checkout (so offering to buy it).
* The consumer contracts to place an order from a brochure.
* The consumer views a website and clicks on ‘add to my basket’.
* The consumer asks for a quote for a product or service – and agrees to it.

Acceptance of the offer

The merchant accepts the consumer’s offer by one of the following acts:

* Confirms the goods as sold by passing them through the till.
* Sends an email receipt to confirm the sale.
* Accepts the order and payment for a brochure transaction.

Consideration – or payment for the goods (including a promise to pay).

Intention

For the contract to be legally binding, both consumer and merchant must accept that they are legally bound (intention) to it and understand its meaning. Furthermore, the consumer must be:

* Of the right age (ie not too young).
* Be sound in mind (not mentally ill).
* Not be under the sway of narcotics.

= Related articles on Designing Buildings Wiki =

* Collateral warranties.
* Compensation.
* Consideration.
* Construction contract.
* Essentials of a contract.
* Fees.
* Compensation event.
* Delay damages.
* Fees.
* Liquidated damages.
* Loss and expense.
* Payment for extra work.
* Penalty.

[[Category:Other_legislation]]