This is very region/system specific, the US and UK adhere more strictly to what was written than most of continental Europe. In Europe there is more weight on "

This is very region/system specific, the US and UK adhere more strictly to what was written than most of continental Europe. In Europe there is more weight on "reasonable" interpretation and consumer protection compared to the literal agreement. That makes things more vague, but the result is also that going to court with the claim "the terms are too unfavorable to me and I was forced to click OK" is accepted by the courts as a reason to ignore the TOS. So a mandatory arbitration clause can be written here, but you would fail to stop your customer from going to court if they disagree with the arbitration outcome. Similar for things like excluding warranty, you cannot legally decrease consumer product warranty below 2 years in Europe. You would loose that case, because the courts have ruled that less then 2 years (or less than the reasonably expected economic life of the product if that's longer) is unfavorable to the consumer and thus null.