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EnglischBGB 309. B of proof ) a provision by which the user modifies the burden of proof to the disadvantage of the other party to the contract , in particular by a)imposing on the latter the burden of proof for circumstances lying in the sphere of responsibility of the user , or b)having the other party to the contract confirm certain facts ; letter ( b ) does not apply to acknowledgements of receipt that are signed separately or provided with a separate qualified electronic signature ;