Is it sufficient for my general terms and conditions to be available to the consumer via my website?

1. The consumer must have a reasonable opportunity to take notice of the general terms and conditions

The consumer does not actually need to read the general terms and conditions. It is sufficient if you, as a business, can demonstrate that the consumer had the opportunity to read them.

It is therefore sufficient to make the terms available on your website and ensure that the consumer can find them there.

2. The consumer must have that reasonable opportunity before the contract is concluded

Many businesses use a standard clause for this purpose in order to create evidence for themselves. In a digital context, think for example of a “click wrap”, whereby the consumer must tick statements such as “the consumer declares that they have taken note of the general terms and conditions and expressly accept them” or “the consumer declares that they have reviewed the general terms and conditions” before proceeding to payment. These statements, or the text accompanying them, often also include a hyperlink to the general terms and conditions. In this way, you as a business can demonstrate that the consumer clearly had the opportunity to consult the general terms and conditions before the contract was concluded.

3. The consumer must expressly or tacitly approve the general terms and conditions

In a digital context, approval can also be proven by means of a “click wrap”, whereby the consumer must tick statements such as “I hereby accept the general terms and conditions” or “the consumer declares that they have taken note of the general terms and conditions and expressly accept them” before proceeding to payment.