As a background, we have shrinking contracts. Over the past ten years, this name has begun to be used for agreements on the terms and conditions of the contract, set by the seller of software products. It was inspired by the cellophane envelope used to market it, the so-called English wrap. The first (Clickwrap agreements) refers to the contractual model, which must explicitly accept the terms and conditions of a website before a transaction is concluded, by an express deed that usually consists of a „click“ in clicking, clicking a button with the caption „I agree,“ „I agree“ or otherwise. In other words, although these are membership treaties that the Common of Mortals never read, an act of explicit acceptance is necessary to understand the user of the website related to the conditions of use of the site. In these cases, it is the click that perfect the contract between the parties. On the contrary, thanks to the navigation mechanism of the coating, the online contractor makes available to the user the conditions of use of the site (usually at the end of the page that goes down with the mouse, i.e. scrolls down), because the hypothesis stems from an alleged action that usually consists of a simple use, in the simple act of surfing the site, without any other need of the manifestation of a will or other will. From a legal point of view, the clickwrap contracts have little doubt as to the relationship they have established between the parties and the applicability of the agreements.
Under Treaty 34/2002 of July 11, Articles 1.262 of the Civil Code and 54 of the Code of Commerce (`LSSICE`) (`LSSICE`), the approval of a general terms and conditions accession treaty undoubtedly applies. It may not be fair to equate „adherence“ with „contractual consent“ because it implies free adoption and compliance with a clause predisposed to the terms of sale, is only voluntarily accepted (non-violent), but we will not get rid of that idea. – In one of them, „Ticketmaster vs. Ticketmaster. Ticket.com,“ it was stated that simply putting on the screen access to the terms and conditions does not mean that they will be admitted if there are no plans to press the „I accept“ button for this purpose. – Four of the judgments have called into question the validity of the jurisdiction clause accepted by clickwrap. – The issue of pre-defined contracts was also addressed. It was considered that a party who signed an instrument could give her consent and could not later find that she had not read the contract or that she had not understood its contents because she was free, prior to her adoption, to pass through the various computer screens on which the terms of the contract appeared and where it was possible to refuse the service that the contract had offered her.