In our series of post recently 'on the website check' we portray everyday problems, we have found in our Web site checks and demonstrate solutions. During the meetings of our site checks at the EC-M, entrepreneurs often ask the question whether their terms and conditions in order to be. At this point, we explain that we do provide legal advice in individual cases. We question, however, who created the general terms and conditions. "Almost shockingly often we hear the answer: well, I myself." "" On demand, how exactly it because came to the rules, explain many entrepreneurs, a comprehensive comparison with appropriate "terms and conditions for competitors made and then adapt the corresponding passages" to have. Not infrequently we hear also the answer, we have found that at any major online provider, but expensive paid lawyers work, which will already know what they are doing." An approach that is too often bitter revenge.
General terms and conditions -What? What are general terms and conditions at all the? "General terms and conditions are according 305 BGB all for a variety of contracts put in contract conditions, which is a Contracting Party (the user) of the other Contracting Party at the conclusion of a contract." General terms and conditions cause the conclusion of the contract is simplified, accelerated through a formulated above clause and standardized. They change the allocation of risk and liability often in favor of the user usually over law and facilitate the contract this. Therein lies the threat that the user, typically an entrepreneur who is also economically stronger and experienced business, can push through unilateral or surprising arrangements towards a consumer, that move too far away from scores of the Act at the same time. Therefore subject to general terms and conditions of a legally standardized content control. Ineffective clauses go in doubt at the expense of the user (i.e.