We buy more things online an dthat has effects on law and consumers.
We don’t need uk law for exam but the steps to conclude a contract is important
- Econtract concluded:
o Webpage is an invitation to buy
Costumere makes offer to buy
Than u get acknolodgement of what u have bought and either
side can still withrdraw from the order as the contract has not
been concludedpossible till the item has not been dispatched
as the dispatch confirm the order, offer the buyer made (we
shall assume she got dispatch confirmation)
Task 1 – Paradox of choice
Considering that deceptive design patterns (also known as dark patterns) are
‘tricks’ used in websites and apps that make you do things that you didn't mean to,
like buying or signing up for something, this is the opportunity to find them.
Challenge yourselves to find a website or app that exhibits deceptive elements and
present one example in class. Take a screenshot of the part that appears deceptive
and analyze why it qualifies as such. You can upload your picture here
Extra sales on different websites, even though each week there is the
same sales
Try to make u sign for more membership and get more info of u and
urge u to buy more products
Same concerns: lead to financial harm: make u subscribe to ranmdom
subscribtion, by time u forget and getting out will be hard
Task 2 – Monsieur Poirot
Caroline is a book lover. The bookstore in the city centre is her favourite place to
be. She reads a lot and very quickly. She broke her record when she finished the 4
volumes of the “Neapolitan Novels” in 3 and a half days.
She started reading the “Hercule Poirot” series of Agatha Christy rather late. When
she realised that volume 10 was not available in the library, it was a drama. Even if
normally Caroline never buys books online (she supports the brick-and-mortar
shops), she made an exclusion this time. She ordered the book online just before
midnight. The online site promised that all purchases before midnight arrive at the
post-box on the next day. Unfortunately, for Caroline this was not the case. The
book did not arrive on the next day and not on the day after. On the third day
Caroline left early in the morning for a short pre-booked holiday to the Baltic
countries with her sister. In the old centre of Tallinn, the 10 th volume of Poirot was
smiling to her from a bookstore vitrine. She bought it immediately and read it in no
time.
On return, she found in her post-box an envelope with the copy of the book
delivered by the online shop. Since she did not need it anymore, she returned the
book to the return address provided inside the envelope. But the online retailer
refused to reimburse the price since the book was returned more than three days
after the delivery. Caroline wonders if the contract between her and the online
retailer was already concluded and if having the book in her post-box for the days,
she was not at home qualifies as acceptance of the product.
Questions to check:
The booked cannot be returned after 3 days after delivery?
o Site did not say how long can u return the book, plus the website
promised next day dlivery which did not happen, it took more
than 2 days till delivery even though it was important for the
consumer that the book would arrive in time as she had to travel
Was the contract between her and retailer concluded? (online contract)
o Well it was concluded in a way as delivery and recieveing
happened but the oblkigation of next day delivery was broken and
based on that the contract could be abolished and the book
returned
Acceptance: having book in the post box for days?
o The book was delivered and put to the pőlace of the buyer so I
would count that recieveing as u don’t neeed to personally take
every package u have ordered
Answer:
Promis eof next day delivery was not fulfilled
- When are econtracts concluded?
o Offer and acceptance, in ecommerce directive we get no excat
answer oin that its up to national law not international
o Art 9-11 gives common principles to conclude contract including
10(1)(a) information to be provided
o Conclusion when dispatch confirmation is sent
- When is product accepted?
o Article 9 (1) consumer rights directive and para 2 saying
withdrawal expires 14 days after physically receiving the goods
o She was not there the day it arrived, she had he good inher
physical possession when she got back
o If you move out than u would hav eto give your oither address in
time, obligation on the individual person, wrong address that u
write in is your own mistake
- Rigth to withdraw?
o Article 16 exception of right to withdrawal (consumer rights
directive
o No exception applies so costumer can get withdraw
o Get back money for goods and delivery (based on case law: heinra
klein) entitled to just price of goods, delivery or also return
cost?
Case established that all u paid you can receive back: goods
u bought, cost of cheapest method of delivery but u ar eliabl
eto pay the cost of returning as u can choose the cst effective
method
Delivery is refounded so the standsard fee is not too high
Refound: entiotled for product fee and delivery fee (standard delivery fee the
cheapests one)
Can she return book? Yes
Can she get money back? Yes
Task 3 – The unloved tablet[*]
André, a French national domiciled in the Netherlands, was on vacation in Tenerife
when his beloved tablet broke down. Not wanting to live without a tablet, he
ordered a new tablet online from www.tabletsonly.com. This website lists Italy as
the place of central administration and New York as the place of statutory seat. The
website is accessible from several European countries including Spain, France, The
Netherlands, and Italy. André put his Groningen address as the place of delivery of
the product. When André arrived in Groningen about ten days later, he found the
tablet waiting for him at the post office. When he opened the box, he found a
document titled “Terms and Conditions of the Sale” inside the packaging. The
document, as the title indicates, contains detailed terms of the sale including the
following term:
Return and Refund
“If you are not satisfied with the product, you may return the product within the
next 7 days for a complete refund. Please provide a detailed explanation of reasons
for return in the return package.”
The Terms and Conditions of the Sale were not available online.
a. Are agreements concluded through electronic means considered
contracts?
a. Can be depending on the legal system
b. Are there special rules for the conclusion of contracts online?
a. Depends on the legal system
c. Are there any requirements online sellers need to abide with when
selling online? Which law would regulate this in the case of André and
www.tabletsonly.com?
When André looked at the tablet, he realised that there was no chemistry between
him and this tablet: it just did not look as good as his previous one did. So, he
decides to send it back.
d. The online seller refused to reimburse the price of the tablet claiming that the
Terms and Conditions of the Sale were breached. Advise André on this
refusal. Is there a basis for a legally fair refusal?
Article consumer rights directive article 6(h)
Article 10 says 10 days for withdrawal
- Leter and box said 7 days but he was only informed by the box so the 7
days is from physical receptiuon
Focus on article 9 and 10
Task 4 – I want a refund… (flights bought in 2020)
SURE, is an insurance company that offers insurance to cover the consequences of
flight delays using distributed ledger technology (DLT). The ledger gets
information from external parties of any event of a flight delay, which
automatically triggers the payment of compensation for the benefit of the insured.
However, the general terms and conditions of the insurance contract make no
reference to the use of a blockchain and a smart contract to automatise the insured’s
payment.
a. Is the use of distributed ledger technology changing the rules for
consumer protection?
a. Raises questions when it comes to privacy
b. Anyone can start authenticate on blckchain hrad to know who u
are as no one checks who is who, most are made anonymously
c. Smart contract can be an alternative to traditional contracts?--> it
preepts the conclusion butthere is no integrated contract law in eu
as it depnds on country , smart contract canbe klegally binding as
long as teher is offer and acceptance and other parts, e c is
automatic conbtract that gives automatic changes dependent of
circumstances
d. Consumer rights can fit in the rules
b. What are the main differences between smart contracts and legal
contracts?
a. Written in code with specific list of instructions stored somewhere
which can be used by othrs
a. Smart contract holds information, can be in blocks of block
chain
b. Cause is programmed in, does what the program says, code
instructs cannot make diff between what u want and whats
best for u
Task 5 – Slippery Squid
A digital token, which has no official connection to the popular South Korean
Netflix series Squid Game, has lost almost all its value as it was revealed to be an
apparent scam. Investors in the SQUID, which marketed itself as a "play-to-earn
cryptocurrency", were told they could take part in a game, now many are left with
empty pockets. In November 2021, the project’s website and social media accounts
were deleted as the token crashed in value. A crypto wallet associated with
SQUID’s creators appeared to have cashed out almost €3 million worth of the
token via a transaction anonymising service, according to publicly available data.
Based on your knowledge about the differences between consumer and investor,
together with the differences between conventional money, e-money, and
cryptocurrencies, discuss three legal implications of the trend of many new
cryptocurrencies emerging in a short time.
Crypto is mining which is about
- Many crypro asset is unregulated, no consumer protection, protection against stealing,
fraid, nmo liabilkity
- That’s why we need rules to protect crypto ssests
- Unlikely that currencies can be used in crypötro ,
- Chinese case courts willing to accept blockchain technology for authentication: that
something was sold a bought through the processes
