Freedom to waive consumer protections [LWN.net]

Freedom to waive consumer protections

Posted Jun 19, 2006 10:51 UTC (Mon) by jschrod (subscriber, #1646)
In reply to: Freedom to waive consumer protections by giraffedata
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.

Cheers, Joachim

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Freedom to waive consumer protections

Posted Jun 20, 2006 3:15 UTC (Tue) by giraffedata (subscriber, #1954) [Link]

It's fundamentally the same in the US, but I sense from your wording a difference in degree -- i.e. Europe leans more socialist.

Throughout the US, a consumer has the power to waive even the warranty that merchandise is usable for its normal purpose. And consumers do that a lot. But a consumer is not able to waive the warranty on an automobile against injury-causing defects.

And under US law, "merchants" have considerably more power to negotiate than "consumers." A merchant, BTW, isn't just someone who sells something -- it's basically defined as someone who should know what he's doing because he's in business. "Consumer" is essentially the modern word for "peasant."

Freedom to waive consumer protections

Posted Jun 22, 2006 7:18 UTC (Thu) by Wol (guest, #4433) [Link]

Actually, even in the UK it is possible for a consumer to waive consumer protection law BUT the retailer has to cover themselves pretty comprehensively to do so.

The usual approach is to sell stock as damaged or second-user, and say that it is "as seen". All of which is a major tip-off to the consumer that the goods quite possibly may be faulty.

Even there, there are liabilities you can't disclaim - for example it is illegal to sell a non-roadworthy vehicle unless you explicitly point out that fact to the buyer. If you didn't tell the buyer because you didn't know, then sorry, you're liable.

Cheers,
Wol