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Posts tagged #terms and condtions

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GER: BGH - General Terms and Conditions and Smart Contracts

Civil Law 

In its decision XII ZR 89/21 from 26 October 2022, the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) dealt with civil law aspects of smart contracts. This ruling, which also bears relevance for Austria, deals with several fundamen...

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OGH: Invalid Clauses in Fitness Studio Contracts

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has declared some clauses contained in the general terms and conditions of fitness studios to be invalid. Cancelation period ‘The membership agreement can be terminated in writing by ...

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DE: In case of damage to health - no shortening of the warranty claim

Civil Law 

A shortening of the statutory warranty obligation in the law of sales is not permissible if damage to health is also included. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), this would be a violation of mandatory law. The buy...

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