Clickwrap contracts - the suitable terrain for abusive clauses. A case study.

Abstract

On the occasion of creating a new email account, of buying a good through the use of platforms such as eMag or elefant.ro a person signs contracts whose clauses are many times abusive; clauses which, if faced with, seem to render the consumer stripped of legal means of protection. The most widely encountered clauses such as the above are the choice-of-law clauses and the forum selection clauses. Rushing to the consumer’s aid is the national legislation (Law 193/2000), as well as the European one and the case law of the Court of Justice of the European Union.