Any comments on the legality of this?

John_Gray

Having ordered something from Play.com I was surprised to find the following paragraph in their confirmatory email:

"By receiving this email from play.com you are accepting our terms and conditions, a copy of which can be found on the website at:
www.play.com/Help.html?page=helpdesk&page=terms"

I'm not aware that the mere receiving of an email, over which I have no control after supplying an email address, can form any part of the contract between us for the supply of goods ordered, and I'd be interested in an informal (and informed!) legal opinion about this.

(Please note that I have no other quarrel with Play.com, otherwise I wouldn't order from them...)

ben_reza

That seems reasonable. emails can make a binding contract, for example if I state something on an email sent from my work account, it is binding to the company.

I would have thought it better to have a tick box on the order web page rather than something on the email after the event.

cit_k

Having ordered something

Therefore you have already ordered from the site, and would have had to agree with the terms and conditions of the site in order to order surely?

These do state,

1. No contract for the sale of any product will subsist between you and Play.com until Play.com dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Play.com of your offer to buy goods from Play.com or a third party supplier that is engaged on your behalf by Play.com (whether or not you receive that e-mail).
2. You agree that e-mail can be used as a long-distance means of communication.

so you have agreed that when they dispatch the goods, the contract is formed, and that is signified by them sending an email to you (regardless of if you even receive it).

busenbust

I sometimes look at the bigger picture, although it's a perfectly legitimate query from John, and have had no problems whatsoever ordering from Play.com during approx. six years of service. Ditto Amazon.com. :cool:

Darksun

By reading this post, you agree to pay me 10% of your income for life.

busenbust

Darksun wrote: »

By reading this post, you agree to pay me 10% of your income for life.

:rotfl:...and may you reciprocate the favor

Taffybiker

Darksun wrote: »

By reading this post, you agree to pay me 10% of your income for life.

:rotfl: If this actually worked, the internet would rapidly become a thing of the past.

cit_k

The terms of this very forum say they can charge you for removal of posts if they ban you.......