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

Asked over 1 year ago - 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. Andrew Mark Jaffe

    Pro

    Contributor Level 17

    1

    Best Answer
    chosen by asker

    Answered . 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... more
  2. Ian Edmund Scott

    Contributor Level 12

    Answered . 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.... more
  3. Louis Black

    Pro

    Contributor Level 7

    Answered . 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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