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<i'd love to see specific examples of what you are thinking about> IANAL, but here goes: In The Netherlands certain clauses in TOS ('algemene voorwaarden') ar
by wjnc 11y ago
<i'd love to see specific examples of what you are thinking about>
IANAL, but here goes:
In The Netherlands certain clauses in TOS ('algemene voorwaarden') are void by default when they are against a limited list written down in basis contract law. Another list of clauses are null when they are not unreasonably limiting. So any contract within Dutch jurisdiction is limited in that way.
A contract with X.com would not hit Dutch jurisdiction directly, although with a Dutch website / translation and perhaps a Dutch office you easily come into reach.
Examples: You cannot be held to TOS that are not willfully handed to you. (So no tiny signs in stores, or hidden on websites. Exact translation obviously ambiguous.) Changes in pricing, especially early in the contract, usually give the right to cancel the contract. Should be able to cancel contracts anyways. Should deliver timely, and cannot contract 'untimely delivery'.
Still, daresay that contract law on the internet in the Netherlands is not a big field of litigation. For one thing, our damages are usually only 'true (financial) damages'. So in the context of (nearly) free products, you hardly get any litigation. Class action is limited, too.
Example here: consider a webshop that cancels your order after a discount gets too popular. You could probably demand fullfillment, since they could easily deliver from other retailers at a loss. But considering the costs of litigation are many times the difference in price, most people resign upon ordering elsewhere. Can't even say I regret that injustice, since the benefits of not clogging the judicial seem large enough.