5 Responses

  1. Christopher Roberts
    Christopher Roberts at |

    The fine print of a companies website doesn’t affect your legal rights. Having looked at the site, it looks untrustworthy anyway; if you put up a security badge saying you are safe and certified, you probably have something to hide – none of the big, credible retailers have these.

    I haven’t bought anything from KlearGear, but even if I did I would not hold back from sharing my thoughts – negative or positive. I rarely review purchases, however I don’t shy away from giving real honest opinions when I do!

    I think this is just downright rude. These people paid money to KlearGear, who then refused to refund their purchase. If the product was not as described then they were within their right to a refund so it should be them suing KlearGear; KlearGear are the ones who broke the law by selling something which was not as described!

    Whatever happened to honesty and integrity? Why should anyone need to sue anyone?

    *Sigh*

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    1. jonny hankins
      jonny hankins at |

      Just to clarify PayPal refunded the money, and I presume they recover it from the company. And even if the small print might not stand up in court you still have to go to fight it, and that costs money.

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  2. Neil
    Neil at |

    There was an interesting case here in Sydney in the last week where a disgruntled customer posted a scathing review on a cafe Facebook page. The owner of the cafe then responded with a very lengthy rant attacking the reviewer. The story managed to make it into a number of newspapers.

    The enforceability of website t’s & c’s is also interesting given that the majority of people never bother to read them. My understanding is that it is not sufficient any more to simply have your terms in the footer of your site and that you need to get actual acceptance of them for them to stand up in court.

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    1. jonny hankins
      jonny hankins at |

      The stand up in court issue is the problem. Many companies have no intention of winning, they don’t need legally tight small print. They scare the customer first, and if that doesn’t work they take them to court anyway and just proceed until the individual has to pull out because of lack of funds.

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      1. Neil
        Neil at |

        Unfortunately legal systems tend to support whoever has the most money.

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