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Is everything that is stated legally binding if you check a checkbox on a merchant website prior to purchase?

Staten Island, NY |

a website is insisting that because I checked a box agreeing to the terms of service I am liable for a 50.00 extra fee for a charge back when my item was not delivered according to the terms and if I give any negative feedback on any other website about them that I will be charged an additional 3500.00. Is a checkbox equal to a written contract?

Attorney Answers 3


  1. Best answer

    Generally, yes, the checkbox is equal to a signature on a written contract.

    However, there are exceptions:
    1. Iif the terms were not "conspicuously posted" they will not be enforced; and
    2. If the contracts terms are so so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. This is known as a contract of adhesion.

    Contact a lawyer who can probably write a letter to make this go away.

    Andrew M. Jaffe
    Attorney at Law
    (330) 666-5026
    attorneyjaffe@aol.com
    www.netlaws.us

    This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.


  2. Very complicated answer but generally speaking it depends what the check box says.

    The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only. It is not legal advice and should not be considered or relied upon as legal advice. Transmission or receipt of the content of this information does not create, nor is it intended to create, and receipt does not constitute, an attorney-client relationship. Because each matter involves differing facts, online readers should not act upon the content of this website without seeking legal advice.


  3. I agree with Mr. Jaffe's response, but from a practical point of view I think this falls within the category of small injustices that you have to accept in life. The cost of hiring a lawyer when your only damages are $50 plus not being able to post negative feedback sounds like a bad return on investment. I suspect you won't do business with that website again.

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