Reference no: EM131549863
Jessie purchased goods from an online business, Ship Online Ltd, on three separate occasions in the last two years. On each occasion, a document titled "Ship Online's Terms and Conditions" is included inside the package containing the goods when they are delivered. It sets out what Ship Online Ltd says are the terms of the contract between the customer and Ship Online Ltd. On 13 September 2016, Jessie order and pays for a Blender through Ship Online's website.
After placing the order, Jessie sends an email to the manager of Ship Online Ltd, asking whether she can return the blender, if she does not like its appearance. She receives an email response promptly from the manager stating: "yes you can".
Several days later, Jessie receives the blender and she does not like its appearance. She emailed the manager to arrange the return of the blender. The manager responded, that Ship Online Ltd will not give a refund in the current circumstances and refers Jessie to Clause 5 in the "Ship Online' s Terms and Conditions" that can be found through a link in the footer on their website. The Manager also indicated that Ship Online's terms and conditions have not changed for 3 years, and that a copy is sent out with each order.
Clause 5 states: Ship Online will not provide a refund, where the customer simply does not like the appearance of the product.
a) Was there consideration from Jessie, to support the manager's statement that Jessie could return the blender, if she did not like its appearance?
b) Is Clause 5 a term of the contract between Jessie and Shop Online Ltd? - Research Browse wraps Contract to answer (b)