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).
Esto es información jurídica general, no asesoramiento legal. Para asesoramiento sobre su situación específica, consulte a un abogado colegiado en Marruecos.