spectrum48k

How legally binding is it for a website to have a link that says "Click this to accept the above terms and conditions"

No money has passed hands, nothing signed, just a form filled in and submitted with name and address on

Just wondering ?

Jonathan Davies

It works, basically. You might have consumer rights related to some of the terms that affect their validity, but it's possible to form a contract without paying or signing anything. The deal is: they let you look at their webpage in exchange for you agreeing to the terms.

That's the exchange or contract. I'm the only person I know who actually reads them. Sometimes, anyway.

spectrum48k

Oh bugger, I've been hit with a £60 cancellation fee after "SUBMITTING" then emailling following day to cancel.

Just didn't know how legallly binding a website was in this sense.

hedgehog

It may not be legally binding at all. Anyone can make up a set of laws, or terms and conditions. I could put a sign on my front door saying that anyone who entered was allowing me to murder them. In court however, once I'd murdered them, I wouldn't have a leg to stand on.

So, no matter what the owner of the site thinks the terms are what matters is what the law says. If you have an issue the CAB might be worth a call though they are not great on some areas depending upon who you are speaking to.

You may care to mail the owner of the site asking for the precise legal basis for their terms and conditions. If they just say "you agreed to it so you pay" then chances are they have no idea at all what the law says and so they may have no legal foundation at all. If they quote the law then you can check it (lots of legislation is online now saving hours in the law library) and see where you might stand.

RLE

iTrader: (2)

far fetched example mate but can see where you are coming from.

Without the particulars of your circumstance its hard to establish whether the clause you are referring to is "binding"

In essence though the "click yes" is no different to signing say an airtime contract with a mobile phone company. It is your responsibility to read AND agree to the terms. You do have the option to reject them afterall........

Obviously there may be some recourse and as Hedghog states it may be an idea to seek further advice. However it would be rare for any company to issue terms and conditions without checking the validity of the text with a suitable legal expert. There's no point in having terms that you intend to rely on if you can't enforce them.

Suresh

That sounds like an unfair contract to me. Tell them to get stuffed. If you get away with it you can Paypal me 30 notes for services rendered!

dsmith

Surely *any* web transaction is by defintion subject to distance selling regs giving you 14 days to cancel ?(subject to admin/re-stocking fees etc etc)

RLE

iTrader: (2)

Which is why he needs to be specific with his circumstances...................

Trout

iTrader: (1)

Not if it is a service he is buying. You try getting your money back after she was a bit rough and couldn't speak Engrish properly

spectrum48k

It was for a cleaning service cos I'm a lazy git.

Jonathan Davies

It would be, if they were in the EU. Which is why people like HMV trade out of Guernsey (well, one of the reasons).

Edit, but yeah it does sound like an unfair term on the face of it.

LC Geezer

We've just been reviewing this very thing with our legal beagles at work (and we're a big multi-national). On the whole, it is indeed legally binding. There are one or two exceptions, the most notable one being that if you agree to something that would breal the law.

RichB

Could they prove the checkbox was there when you submitetd the form?

I think it should be in the general terms of use of the website as well....

Luan Pra bang

some companies accept that they are not legally binding at all so send a paper contract to sign as well. Don't think they would stand up in a court in any way shape or form

Brendan Hughes

No idea about distance selling regs, but in general principle I don't see why they can't be binding. Provided you can read the T&Cs before submitting, it's up to you to decide if you want to enter into that contract (ie accept them) or not. As most big companies won't change their T&Cs for some poxy individual , whether they're on paper before signature or on screen before clicking probably doesn't make so much difference.

If you are unable to read them before clicking, that's what is more likely to make them invalid.

Brendan Hughes

Are we having a racist moment here?

Midlife......

iTrader: (2)

Is it possible to have a contract without "consideration" ?

I always thought a contract had 3 parts: an Offer (to chaffer), an acceptance and Consideration. or is this just plain outdated ?

Shaun