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Consumer contract terms to be transparent
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134. (1) A trader shall ensure that the terms of a consumer contract are transparent.
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(2) A term of a consumer contract is transparent if—
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(a) the term is expressed in concise, plain and intelligible language,
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(b) in the case of a term that is in writing, the term is legible and presented clearly,
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(c) the term is made available to the consumer in a manner that gives the consumer a reasonable opportunity to become acquainted with it before the conclusion of the contract, irrespective of whether or not such an opportunity is availed of,
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(d) in the case of a term that is novel or onerous, the term has specifically been brought to the consumer’s attention in such a way that the average consumer would be aware of the term,
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(e) any costs or other financial consequences deriving from the term would be comprehensible to the average consumer, and
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(f) the term complies with such other requirements as may be prescribed.
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(3) In assessing the transparency of a term of a consumer contract, the following matters shall in particular be taken into account—
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(a) the nature of the subject matter of the contract,
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(b) the means by which the contract is communicated and presented to the consumer,
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(c) the other terms of the contract or of any other contract on which it is dependent,
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(d) compliance with any obligations relating to the provision of information to the consumer imposed by an enactment (including this Act) which require to be complied with before the conclusion of the consumer contract, and
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(e) all the circumstances relating to the conclusion of the contract.
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(4) In case of dispute, it shall be for the trader to show that a term of a consumer contract is transparent.
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(5) If a consumer contract is directed at a particular group of consumers, any reference to the average consumer shall be read as a reference to the average member of that group.
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(6) Before making regulations under subsection (2)(f) the Minister shall consult such persons as he or she considers appropriate.
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(7) In this section—
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“novel”, in relation to a term of a consumer contract, means a term which may be considered new or original by reference to existing or established market practice in the relevant sector or industry;
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“the average consumer”, subject to subsection (5), means a consumer who is reasonably well-informed, reasonably observant and circumspect.
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