Erityisehdot

Erityisehdot, in Finnish law, refer to special terms and conditions added to a contract that modify, extend, or restrict the standard terms agreed between the parties. They are commonly found in consumer contracts, service agreements, rental or purchase contracts, and online terms. Such terms may be presented as a separate document or as a distinct section within the contract.

The legal focus of erityisehdot is transparency and fairness. In Finland and the wider European context, terms that significantly disadvantage the consumer or restrict statutory rights can be challenged as unfair. The EU directive on unfair terms in consumer contracts is implemented in Finnish law, and terms deemed unfair may be void or unenforceable. Consumers should be informed of all special terms before binding agreement, and these terms should be drafted clearly and accessible.

Typical topics covered by special terms include payment terms, delivery schedules, liability limitations, warranties and returns, termination rights, data processing, and choice of law or jurisdiction. Special terms that depart from mandatory protections or impose penalties beyond what the law allows are particularly scrutinized.

Enforcement and oversight are carried out by relevant authorities, such as the Finnish Consumer Ombudsman, which monitors compliance with consumer protection rules. In disputes, general contract law, consumer protection statutes, and applicable EU rules on unfair contract terms provide the framework for resolution. Overall, erityisehdot are a recognized tool in contractual practice, balanced by requirements of clarity, fairness, and respect for statutory rights.