Question

Question

Tina wants to buy a new monitor for her business and finds a suitable model on ‘moretvltd.co.uk’ for £149,99. Since Tina is very busy, she decided to purchase the monitor online using her phone and she notices that the website is not specifically designed for mobile devices. During the process of purchase, she first is given an overview over her order before she is presented with a link which opens a new page containing the terms and conditions. The link is coloured in a light green which is different from other links on the website. Tina did not visit the link, and therefore not read the terms and conditions. She then clicked the ‘I agree’ button and submitted her order. Tina had been using the monitor for a week, when it suddenly stopped working. She contacted ‘moretvltd.co.uk’ about the fault and asked for a replacement, but ‘moretvltd.co.uk’ declined and referred to the Terms and Conditions which state:

‘More TV Ltd accept no liability for any defects in any product, howsoever caused.’

Tina did not read the term and disputes its validity. ‘moretvltd.co.uk’ state that the contract between them was effectively ‘signed’ when Tina clicked the ‘I agree’ button.

Matthew visits EnterCom Ltd’s online store and finds a digital game which he purchases for £54.99. The game is also provided by EnterCom Ltd. He is sent a code which allows him to download the product onto his computer. He installs the game and plays for a few hours. The game was advertised as containing ‘high definition’ graphics, but it does not live up to his standards. However, he had never seen any footage from the game before. In addition, he notices that when he, and other players, enter a certain area in the game, the game crashes. This has caused some frustration, as he cannot reach the end of the game. Disappointed, the contacts the provider and asks for his money back. Even though, the provider acknowledges that there are some bugs in the game, they refuse to refund Matthew, explaining that they do not accept returns.

Advise the parties. Consider: (a)

the effectiveness of the exemption clause between ‘moretvltd.co.uk’ and Tina.

(b)

whether Matthew is entitled to a remedy from the provider.