Following Amazon.co.uk's pricing error and subsequent cancellation of orders. Is it possible for the next Actinic patch to incorporate a mandatory tick box that confirms customers have read and accepted the terms and conditions before continuing with the order?
My concerns are drawn by the fact that customers may argue that they did not see the terms and conditions - and therefore did not agree to them. Such an argument has not been tested by UK courts; but it was tested in a US Appeals Court last year and the court ruled that a reference to an agreement purporting to bind users did not create an enforceable contract.
The best way (recommended by out-law.com) is to put the terms and conditions on a page to which the customer is taken to whether they want to read the conditions or not. At the bottom of that page there should be a check box next to a statement that says "I have read, understood and accept these terms and conditions". Then there will be another button to proceed. Customers must check the box (i.e. click it) before they can proceed.
My concerns are drawn by the fact that customers may argue that they did not see the terms and conditions - and therefore did not agree to them. Such an argument has not been tested by UK courts; but it was tested in a US Appeals Court last year and the court ruled that a reference to an agreement purporting to bind users did not create an enforceable contract.
The best way (recommended by out-law.com) is to put the terms and conditions on a page to which the customer is taken to whether they want to read the conditions or not. At the bottom of that page there should be a check box next to a statement that says "I have read, understood and accept these terms and conditions". Then there will be another button to proceed. Customers must check the box (i.e. click it) before they can proceed.
Comment