Terms and conditions explained

What should you know about terms and conditions before you make a purchase?

When you make a purchase in Ireland, you enter into a contract with a business. The contract can be verbal or written. Before you buy something, Irish consumer law requires that you receive all the information you need. This information must be presented in plain, understandable language. Businesses must use fair contract terms.

What information must you have before you make a purchase?

Consumer law requires that you have all the information you need before you agree to a contract. This includes:

• Name and address of the business
• Details of what you are buying
• How much it costs and how to pay
• Any additional charges and fees
• When changes can be made to the contract

The information must be presented so that you understand what you’re signing up to. This means:

• The information is in plain and understandable language
• The terms are clearly presented and are not hidden in small print
• New or complex terms are brought to your attention
• Terms that cover costs, for example cancellation charges, are clearly explained

What should you check before making a purchase and agreeing to the terms and conditions?

When you agree a contract, you are bound by its terms and conditions (unless they are unfair). Before you make a purchase, always make sure you understand:

• How much you need to pay and when
• What exact goods or services are provided
• The length of your contract and what happens next – for example, if the contract automatically renews at the end of one year
• How you can end your contract – for example, if you want to switch provider
• Where the business is located 

What are fair contract terms under Irish consumer law?

Consumer law requires that the terms and conditions used by a business in a contract are fair. This means that they do not give a business an unfair advantage over you. Consumer law lists contract terms that are always unfair (the black list) and those that may be unfair (the grey list). You can read more about unfair terms here - Unfair contract terms.

How is fairness decided in a contract term?

To decide if a term is fair, the law looks at:

• Whether the seller or supplier had more power than you when the contract was made
• If you were offered something to agree to the term, like a discount or payment
• If the product or service was made or changed to suit your request
• Whether the seller or supplier treated you fairly

What makes a contract term clear and easy to understand?

A term is clear if it:

• Uses plain language
• Is easy to read and well laid out
• Highlights any new or complicated parts
• Clearly shows any costs involved. The seller or supplier must prove that the term is clear.

Some terms cannot be assessed for unfairness. These include:

• Core terms – for example, the main subject matter (what you are paying for) or purchase price
• Terms you negotiated with the business
• Terms that are required by law

How do you make a complaint about an unfair contract term?

If you feel that a term in a contract is unfair, you should contact the business and ask them to address your concerns. You can also report the business to the CCPC.