((FORDTECH))
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Ohhhh sorry I could not read all this junk just kinda skimmed all the pages. So then strange they have not chimed in ?
GHL On Sale - BRS
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BroccoliFarmer
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I doubt it. This would have been 26 pages of people trying to publically bash BRS for breach of contract, false advertising blah blah blah until R2R shut it down.
JNalley
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no, because as it stands, the Onus was on them to make me aware before I purchased, not after. And I can say as much to a judge and use this thread as confirmation of my initial ignorance.
((FORDTECH))
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Lol you are probably right on that
Mywifeisgunnakillme
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Three problems.First line of BRS Terms and Conditions:
Buying from them enjoins the terms and conditions upon you.
1. Its not stated at check out.
2. Its on some dedicated webpage, not on all webpages that the buyer would actually see.
This is where i wonder if the UCC comes in?
3. "Reserving the right" to modify all of the terms is corporate lawyer boiletplate BS with basically no hope of enforcesbility drafted by some attorney that doesnt litigate and then copied over and over onto webpages.
Pretty common actually. They just add it hoping it will deter conflict and praying a court would abide by it.
Such provision actually can jeopardize the whole provision, however. The law doesnt support one party to a contract being able to modify terms unilaterally whenever.
FishyFishFish
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I tagged them earlier but I didn't expect them to join in as it is the New Year weekend and they are probably, rightfully, enjoying their time off.
I also think that, whilst the discussion is engrossing, it's probably not as big a deal to BRS as the 26 pages would suggest. They will come to work tomorrow, sort it out with the buyers one way or another, and it will all be done.
PeterC99
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That’s exactly what I’m taking about - customer fallout and does this situation and these 525 reactions contribute to more fallout?
JohnnyKnuckles
FragTags
Randy was tagged in one but you would have to look back almost 24 pages.
I promise all the comments since page 13 are from people who read the first two pages and the last two.
There is only about 8 of us here since the beginning.
((FORDTECH))
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Well since I’m here I’ll post my quick little opinion. I’m sure it was a glitch that was not supposta happen. And I feel brs has every right to just cancel those orders refund the money and send out an email to state this to each person. I feel they do not have the right to charge anyone the difference without asking. And they do not owe anyone a product for the glitched price. It could have been a customer hacking them so he or she gets cheap price so why should brs be out the money. And o don’t want to hear about how they have the money to be out and it’s ok…
Mywifeisgunnakillme
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Each contract is formed at sale. Agreeing takes more than mere notice IMO. It takes an affirmative act. Good luck arguing that viewing a webpage alone constitutes an agreement. Weak argument.
BroccoliFarmer
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I havent dug into this or reviewed the actual cases, but this reading right here indicates that some judges have enforced terms and conditions. Nice little quote: The court disagreed, finding that under Michigan law a written contract could incorporate by reference an ancillary document or terms – including online terms. “Michigan law permits a party to incorporate terms or documents from other writings.” Id. at *13 (citations omitted). Spartech’s failure to review the online terms was no defense. “Furthermore, failing to inquire about terms and conditions referenced in an agreement is no defense: ‘the parties are bound by those additional terms even if they have never seen them.’”
Online Terms and Conditions: Are They Enforceable, Can They Be Changed, and What Should You Look Out For in Your Contractual Relationships?
Online Terms and Conditions: Are They Enforceable, Can They Be Changed, and What Should You Look Out For in Your Contractual Relationships?
JNalley
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I think it would be interesting to know how this one specifically happened. Was it a "Checkbox to agree to terms and conditions" or simply a page. Because that does make all the difference in the world. One is a clear acceptance of something even if they didn't read it (Like signing a contract without reading it) and the other is an arbitrary "If you use this site you auto-agree to x, for which 'x' could literally be anything. I would guess it's the former, because all of those checkboxes have a link to the terms and conditions page as well as the privacy policy page.I havent dug into this or reviewed the actual cases, but this reading right here indicates that some judges have enforced terms and conditions. Nice little quote: The court disagreed, finding that under Michigan law a written contract could incorporate by reference an ancillary document or terms – including online terms. “Michigan law permits a party to incorporate terms or documents from other writings.” Id. at *13 (citations omitted). Spartech’s failure to review the online terms was no defense. “Furthermore, failing to inquire about terms and conditions referenced in an agreement is no defense: ‘the parties are bound by those additional terms even if they have never seen them.’”
Online Terms and Conditions: Are They Enforceable, Can They Be Changed, and What Should You Look Out For in Your Contractual Relationships?
Online Terms and Conditions: Are They Enforceable, Can They Be Changed, and What Should You Look Out For in Your Contractual Relationships?www.fosterswift.com
Mywifeisgunnakillme
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I havent dug into this or reviewed the actual cases, but this reading right here indicates that some judges have enforced terms and conditions. Nice little quote: The court disagreed, finding that under Michigan law a written contract could incorporate by reference an ancillary document or terms – including online terms. “Michigan law permits a party to incorporate terms or documents from other writings.” Id. at *13 (citations omitted). Spartech’s failure to review the online terms was no defense. “Furthermore, failing to inquire about terms and conditions referenced in an agreement is no defense: ‘the parties are bound by those additional terms even if they have never seen them.’”
Online Terms and Conditions: Are They Enforceable, Can They Be Changed, and What Should You Look Out For in Your Contractual Relationships?
Online Terms and Conditions: Are They Enforceable, Can They Be Changed, and What Should You Look Out For in Your Contractual Relationships?
You're missing the point. Where at check out with BRS was the disclaimer incorporated by reference?
My point is that since it wasnt, its not a term of the contract.
Unless there is statutory authority that automatically incorporates website terms and conditions into online purchase agreements--the seller needs to incorporate the terms at checkout.
FishyFishFish
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I was here at the beginning but I missed a few pages as I was looking throught the BRS website trying to find some unreasonably discounted items to buy. Only joking, but I wonder how many people have seen this thread and gone to the BRS GHL page trying to find a bargain?
EDIT: One thing that made me chuckle was that the GHL Mini was listed at about 1/3 of the usual retail price, but they didn't sell out of those. Presumably not many people want the GHL mini!!
biecacka
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Actually not all the way wrong, but I admitted I was wrong many pages back. I did not know GHL had as many vendors stateside as it does. I admitted that and thanked them for the knowledge. So, some good has come from this thread!
corey
BroccoliFarmer
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I havent dug into this or reviewed the actual cases, but this reading right here indicates that some judges have enforced terms and conditions. Nice little quote: The court disagreed, finding that under Michigan law a written contract could incorporate by reference an ancillary document or terms – including online terms. “Michigan law permits a party to incorporate terms or documents from other writings.” Id. at *13 (citations omitted). Spartech’s failure to review the online terms was no defense. “Furthermore, failing to inquire about terms and conditions referenced in an agreement is no defense: ‘the parties are bound by those additional terms even if they have never seen them.’”
Online Terms and Conditions: Are They Enforceable, Can They Be Changed, and What Should You Look Out For in Your Contractual Relationships?
Online Terms and Conditions: Are They Enforceable, Can They Be Changed, and What Should You Look Out For in Your Contractual Relationships?
This case law is on point to terms and conditions not affirmatively checked. Granted it is not Minnesota Law but would be willing to be it is a similar doctorine. I guess the argument would be is a specific T&C paged linked at the bottom of every page conspicuous enough.
ihttps://caselaw.findlaw.com/us-2nd-circuit/1420249.html
((FORDTECH))
2500 Club Member
I seen this thread last night when it started and I went to the site to look and did find them deeply discounted but did not buy. My reason I did not buy is because I know everyone will be getting a cancelation notice so what’s the point.I was here at the beginning but I missed a few pages as I was looking throught the BRS website trying to find some unreasonably discounted items to buy. Only joking, but I wonder how many people have seen this thread and gone to the BRS GHL page trying to find a bargain?
BroccoliFarmer
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Check out REGISTER.COM, INC., v. VERIO
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JNalley
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lol, I think lots of good has come from this thread. I don't know of anyone who is mad at anyone else, I think people are remaining cordial for the most part, and most people are debating back and forth how certain things do or don't apply. It's very informative on a lot of different levels, but the best of those levels being the understanding of other people with different backgrounds than your own.
Mywifeisgunnakillme
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This case law is on point to terms and conditions not affirmatively checked. Granted it is not Minnesota Law but would be willing to be it is a similar doctorine.
ihttps://caselaw.findlaw.com/us-2nd-circuit/1420249.html
Thats the best authority ive seen for BRS yet.
I still would not stake my house on it saving the day for BRS.
Does the case involve a purchase for a clear advertised price where the seller ran payment?
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