The courts have long understood section 307, paragraph 1, to mean, among other things, that a clause that is part of the terms and conditions of sale is sufficiently valid and effective to be drafted so that the contractor can clearly identify and understand the rights and obligations arising from the clause and that the possible adverse effects on the contractor become obvious. In short, the courts ask for what they call “transparency”; The second sentence of the provision says so much. The latter occurred, for example, on Facebook, which was dragged before the Berlin Regional Court due in part to many of its terms and conditions – and was lost (unfortunately, the court`s decision is only available in German). Kammergericht added that WhatsApp addressed its website to the general public by consumers living in Germany and that it communicated them throughout the site in German (with the exception of general terms of sale, of course), even though the link that leads to the terms of sale in English is called in German (“Data protection and general conditions”) and therefore the consumer/user does not necessarily expect long and complex commercial conditions. The court explained that while skills in everyday familiar English may be common in Germany, this does not apply to reading and understanding a document in a commercial, legal/contractual language. This final user license agreement (the “agreement”) which consists of the following terms and conditions is entered into and concluded as of January 25, 2015 (effective date) by and between ABC, Inc., a company designated by Delaware law (hereafter referred to as “seller”) and XYZ, Inc., a company organized in accordance with Oregon laws (hereafter referred to as “end-users”). Sellers and end-users are collectively referred to as “parties” and sometimes individually referred to as “parties.” The different legal systems, the absence of equivalent concepts and misleading translations 1 to 1 pose particular challenges in the translation of legal texts. Based on my legal knowledge acquired at university and by participating in the comparison of laws and legal translation classes, both at university and during my training, I have ensured the exact translation of legal texts since 2007. In particular, the following provisions are not applicable under standard contractual conditions The precondition for the use of the site`s personalized services is a pre-registration. At the time of registration, the user must provide truthful information, be informed of the data protection provisions and request a letter of consent to data protection.
After registration, the user receives an email with a confirmation link. When the Goethe-Institut activates the user account of the user, the free user agreement of the website is concluded. It is customary to define important terms in English contracts by edifying them. It is clear that the context is whether the English-language terms of sale used in a consumer contract are transparent in that sense. In general, there is some consensus that English language conditions can only be used effectively if the recipient actually understands the language, if English is the language of the contract as a whole, or if, in the past, the language has generally been used between the parties. Some, on the other hand, argue that English works if the company filing the terms and conditions can reasonably expect recipients/contractors to understand the language. In Germany, there is very little expertise in this area.