• kryptonianCodeMonkey@lemmy.world
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    5 months ago

    No way this is legally binding. It amounts to a bait and switch. A product was purchased and provided without agreement to any further terms. Then they sneak in supposed terms after the fact based upon the action of opening the product. That is a change in agreement made without any consideration for the purchaser. That’s not generally allowed in contact law.

    Furthermore, I really doubt that they can get away with the argument that the act of opening a product can constitute any amount of conscious agreement to some writing on a package. If for no other reason than that this is (afaik) a novel way to attempt to coerce agreement such that nobody would expect such an agreement to be part of the opening process and likely won’t notice it.

    And it’s not accessible for every person who may be using this product even if they do notice the words. Are you a non-English speaker? Farsighted? Blind? Illiterate? Would you have any way to even be aware that those words are terms that somehow binding you to an agreement by virtue of your opening the thing you just bought? Would you have any reason to even suspect that that is the case?

    Also, they’ll undoubtedly claim that the fact that you have the opened product means that you agreed to the terms, but that is also not the case. Your mom opened it for you and wrapped it as a gift? You bought it secondhand? The packaging was torn open when it shipped to you and you never had any reason to see this text in the first place? It was misprinted? Any of those things and more would mean you never agreed to anything. And they have no way to prove any of those things weren’t the case.

    Just stupid. I have zero doubt that any number of lawyers would love take this to court and get that payday.

    • VindictiveJudge@lemmy.world
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      5 months ago

      It actually does have legal precident. You know how you can’t read or accept the EULA for software until after you purchase it?

      • kryptonianCodeMonkey@lemmy.world
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        5 months ago

        They get away with stuff like that when they have sold you a “license” to their software, rather than something you gave actually purchased outright. It is argued that a license is a an agreement to access a software product, rather than ownership of it, and putting an EULA in between your license purchase or changing it later doesn’t affect your purchase because you continue to hold the license even if you choose not to agree to the terms necessary to use it. It’s a bit different for a physical item that you have actual ownership over, not a license to use it (pending agreement).

        I also find all of that to be loophole bullshit that should be fixed, but that’s a separate issue.

      • YiddishMcSquidish@lemmy.today
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        5 months ago

        While true, the software put it in your face and forces you to interact with a screen that says “EULA”. I doubt using a consumable as intended will hold any jurisprudence. But then again look who we have appointing judges right now…

    • buttnugget@lemmy.world
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      5 months ago

      Yep, I was just agreeing with someone else saying this is unenforceable. Just a ridiculous ploy and an attempt to make it precedent.

    • thermal_shock@lemmy.world
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      5 months ago

      Absofuckinglutely

      If I bought it and got home and found this, I’d return it as I have before. You’re not trapping me into agreeing for anything without the notice on the OUTSIDE of the product packaging. Fuck this

      • Bosht@lemmy.world
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        5 months ago

        Plus it speaks volumes to the product itself. If they’re trying to pull shit like this there’s no way I’m trusting whatever they’re trying to get me to put in my body.

    • Taleya@aussie.zone
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      5 months ago

      All it does is prove to the purchaser that the fuckers don’t trust the basic safety and fitness for use of their product. Spectacular self own.

  • LifeOfChance@lemmy.world
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    5 months ago

    So when my underage child opens this what’s the plan? Clearly theyre not old enough to enter into an “legally” binding agreement, right?

    • Zanz@lemmy.ml
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      5 months ago

      Lg tried it on refrigerators, even though refrigerators are not delivered in boxes.So the customer never receives them. The delayed or denied every warranty claim on their stupid 2 stage refrigerant pump, then said since the customer opened the box with the terms agreement that they couldn’t sue. It took more than a year to resolve just that there could be a class action lawsuit against LG.

        • UltraGiGaGigantic@lemmy.ml
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          5 months ago

          The good news is you can choose to save your unborn children the pain of existence on planet earth.

          Get a vasectomy. For them.

        • Unbecredible@sh.itjust.works
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          5 months ago

          The good news is that these things pass, buddy. All things pass, and it’s almost over really. This economy, this president, they won’t last forever. This country, this current set of land masses, this current set of planets. It’s all gonna just…pass. Gonna be just one drop in a lake of space and an ocean of time. Gonna be pressed into a microscopic crease in the fabric of a spacetime already contorted by titanic folds of incomprehensible number and arrangement. Until it can hardly be said to have happened at all.

      • Landless2029@lemmy.world
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        5 months ago

        I had one of these fridges. The pumps even got an extended warranty since they failed so often. Mine died on year 6 of the 5 year standard MFG and it still got fixed for free because of the class action lawsuit.

        I learned about the lawsuit after the fact too.

    • snooggums@lemmy.world
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      5 months ago

      It sure looks like this is displayed after peeling back the very top layer that is still slightly attached at the top right in the image.

      So they most likely did not know this was a thing when they purchased it.

  • StinkyFingerItchyBum@lemmy.ca
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    5 months ago

    Write on the money you used to purchase this by accepting this money you agree to the terms of service…

    Eat shit turdblossoms.

  • MacStache@sopuli.xyz
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    5 months ago

    Isn’t that an illegally forced agreement? I mean, the consumer already bought the product and is forced to enter an agreement after the fact? At least it feels like it would be illegal.

    It’s the same with software, sure, but somehow I’ve been brainwashed into thinking it’s ok because it’s a digital product/I only agree to a license of said product.

      • LilB0kChoy@midwest.social
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        5 months ago

        Assuming you’re talking about the US, this is correct.

        In the US you need to both actively acknowledge acceptance of the T&Cs, which simply opening a package typically doesn’t meet.

        Also, and arguably more important, they need to include the entirety of the T&Cs for you to be able to review before accepting. This means on the packaging or presented at time of purchase, not requiring you to go elsewhere to find them or having to search them out.

        Now even though it’s not legally enforceable, I’d say it’s still scummy and companies that do it should be avoided.

    • PaulBunyan@lemmy.world
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      5 months ago

      Are you saying poop can be religious? It’s an inanimate object so I disagree. Your whole comment is dumb.

      See I ignored the rest and just assumed. That’s how.

      • idiomaddict@lemmy.world
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        5 months ago

        Just wait until you hear about holy water.

        I do get the point of your comment, but I couldn’t resist

        Edit: it’s also funny as hell that you got downvoted, thereby proving your point. People really don’t read to the end of things

    • ObjectivityIncarnate@lemmy.world
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      5 months ago

      Well, the purchase is probably already made by the time this is seen, and for those who see it, they probably just ignore it similarly to EULA popups when installing programs.

    • Jarix@lemmy.world
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      5 months ago

      You know how all these companies are making it lives shittier?

      Well people are what companies are. And people are the absolute fucking worst.

      And unfortunately there are on orders of magnitude more shitty people who don’t run the worst companies in existence than there are people who work for the worst of companies that are making them what they are.

      Find your people, the ones that don’t suck, because there are a lot more people who only want what’s convenient for them and can’t spare one spark of concern for all of the consequences that affect entirely too many people that don’t want their decisions

  • gressen@lemmy.zip
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    5 months ago

    Has this been revealed after opening product? What a shit company. Are customers expected to read the T&C’s every time someone opens the packaging? FYI, the page mentioned links to 4 additional pages and one of them is a 404.