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We are just renewing/being re-audited for our Buy With Confidence and have consequently had our T&C's reviewed last month.

For those doing the same, there are some excellent guidance notes from CAB/TS about this subject, enclosed here as a starter and relevant to a couple of LJN discussions

What are unfair contract terms?

Some contracts contain standard terms that the law says are unfair because they give the trader an unfair advantage over you, or take away your legal rights. The law which says these terms are unfair is called the Unfair Terms in Consumer Contracts Regulations 1999.

A term setting the price of the goods or services isn't unfair just because the price is high. However, a term allowing the trader to increase the price after you have made the agreement might be unfair.

Here are some examples of contract terms that may be unfair:

   - any term which is very difficult to understand, perhaps because of the language or print size
    - a term which tries to prevent you from carrying out your legal rights, for example, your right to a  refund for faulty goods
    - a term which tries to prevent you from taking a trader to court
    - a term saying the trader is not responsible for a death or injury caused by something theyhave or haven't done
    - a term saying the trader is not responsible for delays, even delays which are their fault
    - a term saying the trader is not responsible if they don't do what they should do under the contract-
    - a term which tries to prevent you from keeping back payments when you have a genuine complaint about goods or services
    - a term which tries to make you pay more than is needed to cover the trader's losses if you cancel the contract
    - any term hidden from you until after you sign the contract
    - a term giving the trader wide cancellation rights but not giving you the same rights
    - a term giving the trader the right to change the contract to their benefit
    - a term that makes it very difficult for you to end a contract - for example, a term making you pay high termination charges or give a long notice period.

A term can't be unfair if you individually negotiated it with the trader and can't be unfair if the contract is between you and another private individual instead of a trader.