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Terms and conditions (AGB)

Rechtab 9 J.
General terms and conditions – the “small print” of contracts. Nobody reads them, but they are legally binding. Unfair clauses, however, are invalid.

AGB (Allgemeine Geschäftsbedingungen, general terms and conditions) are pre-formulated contract terms that a company uses for all customers – the "small print".

Important to know (German law):

✅ You have to accept the T&Cs for the contract to apply
✅ BUT: unfair clauses are invalid by law (§ 305 ff. BGB)
✅ "No exchanges" does NOT apply to online purchases (14-day right of withdrawal)
✅ Clauses that are "surprising" don't apply

Typical invalid clauses:

❌ "No warranty" – illegal for new goods
❌ "Automatic renewal for 12 months" – since 2022 max. 1 month
❌ "All liability is excluded" – invalid for intent/gross negligence

Tip: you don't have to read the T&Cs to be protected. The law protects you from unfair clauses – even if you agreed to them.

Did you know? Studies show that fewer than 1% of people read terms and conditions. Apple's iTunes terms are over 20,000 words long – longer than Shakespeare's “Hamlet”.
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