Re:Amazon.com's Conditions of Use – Disputes now resolved by...
by cperciva on Monday July 19, 2021 @11:42PM
(#27889833)
Courts around the world have made similar rulings. The technical term is "contact of adhesion" and while exact rules vary from country to country, most courts will at a minimum strike out clauses which are considered to be "unexpected" on the basis that the customer is unlikely to have actually read the contract. (This is why clauses such as exclusions of liability are traditionally in all caps or bold -- on the theory that this draws attention to them and may help to save them.)
German / European courts have ruled many times that consumer TOS clauses which are "surprising" and/or "unusual" (e.g. "hidden" feed or waivers) are not enforceable.