Mmm ... a total failure of consideration. Also, you can't abrograte, assign or set aside rights with a contract ... be they constitutional, consumer or whatever.
Finally, anybody assuming that they could enforce an onerous 'contract' provision when it has been hidden amongst so much small print, and invite the 'signing' or affirmation of said contract simply by pushing a button (by who knows who at the other end) is really up against it when disputes and litigation occur. That said, and as I said with copyright litigation and the like ... you have to be willing and able to litigate. And that's where they get you. Personally, I find it unconscionable that the various American consumer affairs bodies (government and private) haven't nailed kleargear.com and its directors/executives to the wall ... Just my 2 cents worth ... --- On 16 Nov 2013, at 12:16 pm, Jan Whitaker <[email protected]> wrote: > At 12:00 PM 16/11/2013, Roger Clarke wrote: >> Either way, Jen says she wants others to be warned: If you buy >> anything from kleargear.com and you don't like the product or the >> service they say you are contractually forbidden from telling anybody >> about it. If you do, expect a bill. If you don't pay the bill, expect >> them to ding your credit. > > Actually, there is another problem. Since she didn't receive the > goods, there is no contract. That's basic. If anyone breached the > agreement, it was the company. > > Hopefully the credit bureau will see sense. Get ready Australia, > because this sort of credit tracking is coming here. > > Jan > > > > Melbourne, Victoria, Australia > [email protected] > > Sooner or later, I hate to break it to you, you're gonna die, so how > do you fill in the space between here and there? It's yours. Seize your space. > ~Margaret Atwood, writer > > _ __________________ _ > _______________________________________________ > Link mailing list > [email protected] > http://mailman.anu.edu.au/mailman/listinfo/link _______________________________________________ Link mailing list [email protected] http://mailman.anu.edu.au/mailman/listinfo/link
