Consumer Law, Warranties one-click contracts?

[scradock]

I have a question about the legal status of one-click contracts - the result of ordering something from a website. The site (should have)/has a legal-sounding description of the terms of the transaction, maybe buried away, maybe easily accessible.

But how does clicking the "buy" button establish a contract? There will probably be some language stating that "by clicking here you agree to be bound by the terms stated", but this seems too one-sided to be enforceable - the buyer has no input to the terms. It seems too much like, for instance, a store owner putting up a sign saying "If you lean your bike against my window you agree to pay me $100", and then claiming that anyone who does so owes him $100.

If the "contract" requires me to pay in advance, the situation seems even more one-sided. I am now entirely at the mercy of the seller, who may fail to provide the desired object or service. If I change my mind about the transaction and wish to withdraw, I am entirely at his mercy if he decides to keep my money, or a portion of it.

How can such an unequal "contract" be enforceable?

 

[Michael Wechsler]

There are numerous questions about the enforceability of one-click contracts as well as "shrink wrap" agreements. However, if there is an agreement provided to you in advance of your purchase and you have an opportunity to read it, then you have the ability not to enter the store and lean your bike against the window of the shop. If the seller doesn't provide the goods or services then you have a remedy for breach of contract. If there are ridiculous terms, have you emailed the seller?

There is a concept known as "terms of adhesion" but I don't think the product or service you are talking about is a necessity and the terms here could be negotiated. Let me know your thoughts as I'm just touching on the surface here without details.