For $70 you can apply to Small Tribunal Court. $70 is the only cost involved.
You can do it even if you are overseas or you can authorise someone from Australia.
In some occasions, you seller may even let you sign a contract.
In most cases, such contracts are invalid and designed only to protect the seller.
How to recognise unfair contract terms.
• Do you and the supplier have equal responsibilities and rights?
• Are you penalised if the contract is terminated, but the supplier isn’t?
• Can the supplier change/vary contract terms, the price, the goods or the service without asking you?
• Does the supplier have the sole right to interpret the meaning of the contract?
• Can the supplier avoid or limit the agreement from being carried out?
• Can the supplier terminate or renew the deal but you can not?
• Is the supplier the only party allowed to determine whether the contract has been breached?
• Is your right to sue the supplier over the contract limited?
• Is the font size and style difficult to read?
• Does the contract contain long sentences, clauses or paragraphs?
• Does the contract contain confusing jargon and technical terms?
• Is there a lot of cross-referencing within the contract?
If you answered yes to any of the above questions your contract may contain unfair terms.
What can you do about unfair terms in your contract?
If a term in a consumer contract is assessed as ‘unfair’, it is void. The contract will continue to bind the parties, but only if the contract can exist without the unfair term.
If you think a term in your contract is unfair, you should seek advice from a solicitor or call Consumer Affairs Victoria on 1300 55 81 81 between 9:00am and 5:00pm, Monday to Friday.
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