Prohibited Clauses: How to Review Contracts or Regulations for Customers

The store's regulations or the contract with the customer may contain provisions that seem practical for the entrepreneur but excessively limit the rights of the consumer. Check how to recognize a prohibited clause and how to review your own templates without assuming that every dispute automatically invalidates the entire contract.

Status checked: November 2, 2026. We are not a law firm. This material is for informational and educational purposes and does not replace individual legal advice. The assessment depends on the wording of the contract, the manner in which it was concluded, and the applicable regulations.

What a Prohibited Clause Means

The UOKiK explains that, in principle, it concerns a provision of the contract with the consumer that has not been individually negotiated with them and shapes their rights and obligations contrary to good practices, grossly violating their interests. The relevant regulations also contain specific rules for clearly formulated main obligations. The assessment requires consideration of the content and circumstances of the contract's conclusion. UOKiK explanations.

A provision deemed prohibited does not bind the consumer by law. One should not automatically conclude that the entire contract is invalid: it is necessary to examine whether and how it may still be valid without that provision. The customer's signature does not eliminate the issue of an unfair template.

Which Provisions Require Special Attention

• The right to unilaterally change terms or prices without appropriately defined grounds and customer protection.
• Complete exclusion of the entrepreneur's liability regardless of the situation.
• Excessively high fees or penalties imposed solely on the customer.
• Limiting statutory rights regarding complaints or withdrawal.
• Conditions for automatic renewal that the customer cannot realistically know or cannot counteract in a timely manner.

These are areas to check, not a list of sentences that are automatically illegal in every situation. The specific wording, type of contract, and rights provided by law are significant. Some protections may also cover individuals conducting business when entering into a specific contract unrelated to their professional character; this does not apply to all B2B relationships.

Example: Total Ban on Returns

The store states in its regulations that it never refunds money for products ordered online. Such a general provision must be compared with the right of withdrawal and the rules of liability for compliance of the goods with the contract. However, not all transactions grant the right of withdrawal: the law provides for exceptions. The regulations should clearly distinguish rights, conditions for their execution, and properly applied exceptions.

Step-by-Step Review of Contracts

1. Gather the current regulations, contract templates, forms, and communications used in the purchasing process.
2. For each limitation of customer rights, check the basis, purpose, and whether the provision is understandable.
3. Compare the procedure in the regulations with the actual handling of complaints and withdrawals.
4. Pay attention to unilateral changes, deadlines, penalties, and automatic renewals.
5. Document any doubts and ask a lawyer to assess the entire template, not just a single sentence.
6. After changing the template, establish a way to inform customers and check the impact on already concluded contracts.

Decisions by UOKiK and available databases can help find examples, but copying a single clause from another document does not replace the assessment of your own template. In the case of an individual dispute, the customer may assert their rights, and the office may conduct proceedings within its competencies.

Sources