A pram purchase usually comes with terms and conditions that few buyers read. Part 2 of the Consumer Rights Act 2015 limits what those terms can say, and the Competition and Markets Authority (CMA) published a new edition of its unfair contract terms guidance (CMA37) dated 22 July 2026. The guidance applies to contracts made on or after 1 October 2015 in any part of the United Kingdom. Its examples are general, not about prams, so this guide applies the CMA’s reasoning to terms a pram retailer might use. Whether a particular clause is unfair is for a court to decide, and this is general information, not legal advice.
Terms that cannot override your rights
The guidance says traders must not include terms that seek to override, or procedurally hinder, a consumer’s statutory rights and remedies. For goods those rights include satisfactory quality, fitness for purpose, matching the description, and the remedies of the short-term right to reject, repair or replacement, price reduction and final right to reject. Terms of that kind are described as both prohibited and potentially unfair, and the consumer-facing summary is in the guides to faulty pushchairs and shop returns policies. The guidance adds that simply including the words “your statutory rights are unaffected” cannot make an unfair exclusion fair.
Clauses the CMA treats as unlikely to be fair
The guidance lists several ways of excluding liability for faulty or misdescribed goods. Applied to a pram retailer, the following would be caught:
- “Sale items cannot be returned.” The CMA says terms disclaiming liability for sale goods, or saying sale goods cannot be returned, are a problem because consumers have the same statutory rights whether goods are reduced or not.
- Rights ending after 30 days. Terms ending redress 30 days after delivery are listed as a problem. Even after the short-term right to reject has been lost, the trader stays obliged to provide other redress if the goods were defective when sold.
- Signing for a perfect pram. Terms requiring goods to be accepted as satisfactory on delivery, or a declaration that the buyer has inspected the item and found it free from faults, can leave a consumer believing they have signed away their rights.
- Conditions on returns. The guidance says the right to cancel a distance contract must not be curtailed by unduly restricting inspection, or by requiring return in a way that may not be possible, for example in original packaging that is disposable and likely to be discarded.
Credit notes, guarantees and who pays
On redress for faults, the guidance says terms which allow only credit notes, not cash refunds, or give the trader the choice of redress when the law lets the consumer choose, are likely to be unfair. Terms limiting redress to what a guarantee offers are also described as likely to be unfair, and a pram brand’s warranty is fair only if it adds to, and does not replace, legal rights. The guidance gives as an example a statement that goods are supplied with the manufacturer’s warranty, which is in addition to, and does not substitute for, the customer’s legal rights. The site’s guide to pushchair guarantees and extended warranties covers this in more detail.
Charging the consumer for the cost of returning faulty goods is another example the guidance gives of passing on costs that fall to the trader when goods breach statutory standards.
Risk during delivery
The guidance says goods remain at the trader’s risk until delivered to the consumer or someone the consumer nominates, and that where the trader arranged the carrier, it remains responsible. The exception is a carrier the consumer commissioned themselves that the trader did not offer as an option, where risk passes on delivery to that carrier. Terms that pass the risk earlier, for example from the moment the trader says the goods have been dispatched, are described as unfair, because consumers cannot be deprived of recourse for goods destroyed, stolen or damaged before they accept delivery. A clause stating that goods delivered to the customer’s premises are entirely at the purchaser’s risk is one of the CMA’s examples of a term unlikely to be fair. For pram delivery problems see the guide to late or undelivered prams.
What happens to an unfair term
According to the guidance, an unfair term is not binding on the consumer, although the consumer can choose to rely on it, and the rest of the contract stays in force where possible. An unfair term cannot be rewritten to become fair. Money paid under an unfair term should be repaid by the trader. Ambiguous wording must be read in the way most favourable to the consumer.
The CMA, Trading Standards and other enforcers can act against unlawful terms through the courts, and the CMA has direct enforcement powers under the Digital Markets, Competition and Consumers Act 2024. Individual consumers can also rely on the Act. The guidance advises anyone in a dispute to seek independent legal or consumer advice. The route for unresolved complaints is covered in the guide to alternative dispute resolution.
FAQs
Does this apply in Scotland and Northern Ireland?
The CMA guidance states that the unfair contract terms provisions apply to relevant contracts in any part of the United Kingdom.
Can a shop override my rights with a notice on the till?
The guidance says the Act also covers notices, including written or spoken announcements intended to be seen or heard by a consumer.
The bottom line
The CMA’s 22 July 2026 guidance treats terms that cut across consumers’ statutory rights as prohibited or unlikely to be fair. In a pram purchase that includes no-returns-on-sale clauses, redress ending after 30 days, credit-note-only remedies, guarantee-only remedies, delivery at the buyer’s risk and charging for the return of faulty goods. An unfair term does not bind the consumer, but only a court can finally decide whether a particular clause is unfair. This is general information, not legal advice.
Sources
- Unfair contract terms: guidance on the unfair contract terms provisions in the Consumer Rights Act 2015, CMA37, 22 July 2026 (gov.uk)