An unfair term is a term that creates a significant imbalance between your rights and those of the supplier, to your detriment (art. 15). This applies whatever the form or medium of the contract: order forms, invoices, warranty certificates, receipts, pre-established general conditions, etc. (art. 15).
Whether a term is unfair is assessed at the time the contract is concluded, in light of all the circumstances and of all the terms (art. 16). However, it does not relate to the main subject matter of the contract or to the adequacy of the price, provided the terms are drafted in a clear and comprehensible manner (art. 17).
The law provides an indicative list of examples (art. 18): removing your right to compensation in the event of the supplier's breach, allowing the supplier to unilaterally change the characteristics of the product or the price, authorizing the supplier to terminate at its discretion, or hindering your legal actions (art. 18).
The consequence is significant: unfair terms are null and of no effect, but the contract remains applicable in its other provisions if it can survive without them (art. 19). In the event of a dispute, it is for the supplier to prove that a term is not unfair (art. 17). These provisions are a matter of public policy (art. 20).
Autres questions posées par les lecteurs
Sous-questions regroupées par notre recherche — chacune renvoie vers sa réponse complète de niveau B/C.
+−Consumer Credit: What Info & Cooling-Off Rights?
Consumer credit requires a free written offer with 7-day rate guarantee. You have 7 days to withdraw without penalty. Offers must detail costs, APR, and fees.
+−Online Purchase Return: 7-Day Withdrawal Right?
Online purchases have a 7-day withdrawal right from receipt with full refund within 15 days. Extended to 30 days if supplier fails written confirmation.
+−Can I Cancel a Home Sales Contract in Morocco?
Yes, you can cancel within 7 days at home. No payment required during this period; any charges must be refunded within 15 days of withdrawal.
Ceci est une information juridique générale, et non un conseil juridique. Pour un conseil adapté à votre situation, consultez un avocat inscrit au barreau au Maroc.
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