Abstract
… This paper consequently wishes to answer the following question: ‘What standard of consumer protection do businesses actually offer to consumers in online contracts?’ In order to answer this question, this contribution looked at internet contracts by conducting a personal experiment in three European jurisdictions: England, the Netherlands and Romania. For every jurisdiction, we determined the e-store that had the largest market share in the sale of information technology products. We then ordered the same product (an Apple ‘Magic Mouse’) from all identified e-stores and subsequently exercised our withdrawal rights. The European perspective on mandatory withdrawal rights was then compared to Japanese and United States (New York) law in order to determine the protection granted to consumers in online sales, and the nature of this protection (mandatory/optional/insurance).
Kawakami, Mark T and Goanta, Catalina, Even Lawyers are Consumers: Perceiving Business Attitudes in Online Contracts (2015) in MBM Loos and I Samoy (eds), Information and notification duties. Intersentia, Cambridge, pp 155-180, 2015.
First posted 2018-12-21 07:20:10
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