What are the warranties related to e-contracts?
Any contract for the sale of a good, whether it exists in the physical world or online must have implied warranties. The seller must declare to the consumer that the goods he is selling are fit for purposed they were designed to serve. Warranty disclaimer is a statement which informs the consumer that the person selling the product honours some or all implied warranties. It is essential for any warranty disclaimer to be easily noticeable in the written agreement, for example on the website, sellers can make the disclaimer very noticeable by increasing the size of the font it is written as well as using eye-catching font colour. The warranty disclaimer must be clearly stated and easy to find by the buyer for it to be legally effective.
In e-commerce it is easy to confuse forgers as others, however the technology nowadays allows companies and consumers to avoid being cheated by fake identities, as the use of digital signatures allows hem to establish if the person behind the screen is the one with whom the original contract was signed with, especially if the contract involves sums of money.
Commonly, courts will not consider the contract applicable if a business or an individual has been forged to its terms and conditions, however, if negligence is involved either from an individual or company side which then contributed to the fraudulence, a court can hold the negligent party to the terms of the contract.
Most websites have rules which a person visiting must follow. However most visitors are not aware of them, if you scan the home page of the website, there will be a section named ‘’terms of service’’ or something similar, which include rules and regulations the visitors enter into by simplifying visiting the website.