How to get out of "I accept the terms and conditions" check box tick?

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  pantsparty on 14/06/2017 - 10:42

  +4

  It really depends on what the terms and conditions are that you have agreed to.

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  djsweet on 14/06/2017 - 10:49

  Some contracts have a cooling off period. I guess it depends what the Terms and Conditions you agreed to are.

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  kracken on 14/06/2017 - 10:54

  cool ok, so basically it depends on the T&Cs, not that it was ticked check box rather than a signature?
  which means that a ticked check box is the same as a signature, is that correct?

  • 

    SirFlibbled on 15/06/2017 - 11:16

    A contract just requires an offer and acceptance. There isn't a requirement for a signature, even in a written contract as long as there is an obvious acceptance of an offer and the parties are identifiable and it's able to be proven that those parties did agree (ie someone else didn't form a contract without authority to do so).

    Ultimately, it seems like you've formed a contract with the service. Your choices are a) ignore them and risk being sued for the money, b) terminate the agreement and pay out the contract c) If they haven't done any work for you yet, see if they're willing to agree to end the contract.

    You're best talking to them about option C IMO. Give them a call and have a chat.

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  mskeggs on 14/06/2017 - 10:57

  +11

  You have committed to purchase the service. It would be hard to genuinely argue you didn't intend to, when you clearly did.
  So they are within their rights to deliver the service and demand payment.
  That could include ceasing to supply the service if you don't pay, and chasing you through the courts to pay the bill, sending the bill to collectors etc.
  If they have not begun to supply the service, you should probably just call them on the phone, tell them you clicked in error trying to understand what the full price is, and now recognise the total price is too high.
  Advise them you don't want the service and have no intention of paying. Say the same in an email once you get off the phone.
  For a potential $800, as a business if I hadn't spent any effort or money yet, I would probably let you out of it. But if I had begun work, I would make you pay. But that is just my view of what is reasonable, not what they could likely enforce.

  • 

    kracken on 14/06/2017 - 12:15

    hey thanks so much for your thorough answer! I appreciate it

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  k-rokfm on 14/06/2017 - 11:08

  +1

  What is the service that you signed up for to put it into context?

  • 

    Almost Banned on 14/06/2017 - 11:27

    +1

    And have you received the service already?
    If you have accepted the t&c and they have already performed the work, I think you would be bound to pay - but hard to be sure without details.

    • 

      k-rokfm on 14/06/2017 - 11:33

      And if you willingly knew that you were signing up to the fee or not. If you willingly signed up to spending $800 and then shopped around after and found it cheaper I dont have much any sympathy for you. Its crap, sure, but you shoulda shopped around before hand.

      Kick out the non Ozbargain-er?

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  tomsco on 14/06/2017 - 12:12

  Haha, from the title, I thought this was going to be about trying to buy something online but not being bound by the T&C's (well I guess it is, but I mean more proactively, rather than in hindsight).

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  ItsMeAgro on 14/06/2017 - 14:08

  I'm told that the few times a case about "Terms and Conditions" has gone to court, the defendant has always gotten off by bring up the cold hard fact that everyone knows no-one ever reads the terms and conditions.

  They are often full of stuff that's not legally enforceable, anyway.

  As usual @mskeggs has good advice: call them and tell them it was a mistake and you need to cancel.

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  msimpatient on 16/06/2017 - 20:59

  Can you form a legally enforceable contract while off your tree drunk??

  No need to prove it…