Standardlepingutingimused

Standardlepingutingimused are pre-formulated contractual terms prepared by one party and presented to another on a take-it-or-leave-it basis, typically used in consumer contracts, rental agreements, services, telecoms, and online purchases. They are not individually negotiated and may cover price, delivery, liability, termination, and dispute resolution.

In legal terms, many standard terms fall under the concept of adhesion contracts and are subject to rules on fairness and transparency. In the European Union, the Unfair Terms Directive (93/13/EEC) regulates such terms and is implemented in national law, including in Estonia. A term is considered unfair if it creates a significant imbalance to the detriment of the consumer and is not objected to by the consumer in good faith. If a term is deemed unfair, it is void as applied to the consumer, while the remainder of the contract may stay in force.

EU and Estonian practice require that standard terms be drafted in clear, understandable language and disclosed prior to contract formation. Consumers should be able to review terms before agreeing, and businesses must avoid hiding unfair clauses in fine print. While most standard terms in consumer contracts are scrutinized, not all terms are automatically invalid; some may be enforceable if they withstand fairness checks or involve legitimate business interests.

Enforcement is overseen by national authorities, such as the Estonian Competition and Consumer Authority, and disputes may be resolved in courts. Remedies for unfair terms include deletion or modification of disputed clauses and, in some cases, reformation of the contract.

See also: unfair terms directive, consumer protection, Estonian Civil Code.