Freedom to waive consumer protections
Posted Jun 19, 2006 10:51 UTC (Mon) by jschrod
In reply to: Freedom to waive consumer protections
Parent article: iTunes runs into trouble in Norway
The situation in many (all?) European states: There are some rights that end-consumers can not waive. E.g., you cannot waive your right for warranty in Germany. If a seller puts a waiver statement in a contract, that contract is void, or at least that part of the contract is void. ``puts a waiver statement'' is broadly meant. This might mean that he tells something in spoken communication, verbal contracts are still contracts (they are just harder to prove).
This is different for business-to-business contracts. Businesses (and also natural persons that make some contract as part of their own business, e.g., freelancers) can waive almost all rights. There are some exceptions, mostly concerning raciscm and equal opportunities. And waiving one's rights is regularly done, e.g., in consulting jobs. There is a vast difference between B2B and B2C contract law, and it is one where it's very easy to do things wrong, as a company's owner.
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