The offer is a declaration of intent which has to be received by another party. The conclusion of a contract must be made in such way that it only depends on its consent. The application must contain the essential points of an intended contract, which are also called "essential negotii" and includes price, subject and the parties.

The acceptance must be given from the offeree to the offeror in order to close the contract. The acceptance must relate to the offer and a single "yes" is in this case enough to close a contract.

Article 6(2) of Rome I states that a consumer cannot be deprived of his consumer protection that are stated in the law when entering a contract under a different law agreed upon by the parties. The consumer does in this case have the rights of the law that would have been applicable if no choice had been made from the parties on the applicable law.

A consumer according to article 17 of Brussels I is a person concluding a contract that is outside of his trade or profession.