Question

There is a specific requirement that web page merchants (Amazon, Barnes and Noble, Apple Store) must follow in order to incorporate the terms of their contract in order to have those terms enforceable (part of the contract). What does the web page seller have to do in order to incorporate the terms of the agreement? Give an example with a link to a web page that follows this procedure. What do you think would happen if the merchant did not follow the procedure? Why?

Answer 1

1. There is specific requirement that web page merchants (Amazon, Barnes, and Noble, Apple Store) must follow in order to incorporate the terms of their contract into have those terms enforceable.

What does the web page seller have to do in order to incorporate the terms of the agreement?

The terms and conditions on which the parties are contracting must be agreed by both parties and incorporated into the contract between them. Simply placing terms and conditions on a website is not enough to incorporate them into a contract: the parties must agree that they contract on the stated terms, and they must do so before (or at the same time as) becoming contractually bound. When dealing with customers of a website the seller must ensure that the ordering process requires the customers to read and agree to the seller's terms and conditions.

Give an example with a link to a web page that follows this procedure.

I think the good example that follows this procedure is Ebay

What do you think would happen if the merchant did not follow the procedure?

Personally, EBay would face with many disputes, such as refunds if they did not follow the procedure.

Why?

When the contract would be unenforceable, they could be susceptible to fraudulent by customers. Also, they would have no foundations in order to dispute.