Consumer Protection Act - Finlex

whole, of the positions of the parties, of the circumstances under which thecontract was concluded and, unless otherwise follows from section 2, of thechanges in circumstances, as well as of other relevant points. (1072/2000)(2) If a contract term referred to in paragraph (1) is of such nature that it cannotreasonably be required that the rest of the contract remain in force unalteredafter the adjustment of the term, the contract may, unless otherwise provided insection 2, be adjusted also in other respects or be ordered to lapse.Section 2 (1259/1994)(1) If a contract term referred to in section 1 has been drafted in advance withoutthe consumer having been able to influence its contents, section 1 shall beapplied in compliance with the restrictions provided in this section.(2) If a term has been unreasonable under the circumstances at the conclusion ofthe contract, a change of circumstances shall not be taken note of, to thedetriment of the consumer, in any later assessment of the unreasonableness ofthe term.(3) If the adjustment or disregard of a term relates to a contract term which,contrary to good practice, will lead to a significant imbalance in the rights andobligations of the parties to the detriment of the consumer, the other terms of thecontract shall not be adjusted. In this case, the contract shall, in other respects,remain in force unchanged if it can be retained in force as such.Section 3 (1259/1994)If a term in a contract referred to in this Act has been drafted in advance withoutthe consumer having been able to influence its contents and if uncertainty arisesas to the significance of the term, the term shall be interpreted in favour of theconsumer.Section 4 (1259/1994)Should a dispute arise as to whether a term referred to in sections 2 and 3 hasbeen drafted in advance, the burden of proof on this shall lay on the business.Section 5 (416/1999)A choice-of-law term according to which the contract is subject to the law of astate outside the European Economic Area shall not prevail over the provisions ofa member state of the European Economic Area on unreasonable contract terms,8