anyone can freely choose his contracting partner and determine the content of the contract itself. This private autonomy is hampered by the terms and conditions because they are formulated in and so that a free negotiation of the contract content and a reasonable balance of interests can no longer occur. So, the consumer who wants to sign a contract with a contractor, can often not free to renegotiate the contract and not reject the terms and conditions of the contractor, because otherwise no contract is concluded. Thus has the entrepreneur compared to the consumer because either the consumer is a superior bargaining position, through its terms and conditions the terms and conditions or it is not a conclusion of the contract concluded. To strengthen the rights of the consumer and schutZen, it surprises the GTC law, was in 305 et seq. BGB anchored. The reason is that the consumer often has don’t have the time or the expertise, to the terms and conditions and which also To be able to finally assess effectiveness. The general terms and conditions law regulates that contracts between an entrepreneur and a consumer the terms and conditions of the contractor only part of the contract are, if the contractor expressly pointing out its terms and conditions, the consumer can take the content knowledge and agrees to their validity.
Therefore should terms and conditions be as clearly formulated especially for online transactions, are a means of expression or download and an explicit confirmation of the general terms and conditions (for example by clicking on a check box) are taken into account. Furthermore, the terms right protects consumers, because the terms and conditions must be lawful and not surprising clauses must contain. These are regulations that are so unusual that consumers could not reckon with them and for this reason, these are not the subject of the contract. Get more background information with materials from Harold Ford Jr, New York City.