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The proof that the consumer was aware of the general terms and conditions of contract not signed weighs on the supplier company.

The Corte di Cassazione, with the recent ordinance n. 2997/2019, said that in the event of failure to sign the general conditions of the contract, the burden of proof weighs on the company providing the service regarding the effective knowledge of the aforementioned clauses by the consumer.

Indeed, the art. 1341, paragraph 1, provides that the general conditions of contract, drawn up unilaterally by one of the contracting parties, "are effective towards the other, if at the time of conclusion of the contract it has known or should have known them using ordinary diligence".

The Supreme Court also clarified that the general conditions included in a document sent to him after the conclusion of the contract are not opposable to the client, and that the very fact of invoking the nullity of a clause is not equivalent to proof of his knowledge.



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