Does that fine print flashing for a split second at the bottom of the TV screen constitute a legal notification of the terms, so that in litigation, the advertiser can use it as evidence that the consumer was made aware of the fully-disclosed terms?
What is the “reasonable man doctrine” on this? Is a reasonable man capable of reading and understanding the subliminal flash of information? Has a “reasonable man” been properly notified of the side effects of medication by being told to “See our ad in Golf Digest”?
Has there ever been a court case in which such a disclaimer was brought to bear on a consumer’s complaint?
These flashes in fine print are rather useless on a practical base for the end-user, but it seems to suffice for a legal notification.
Terms and conditions are always referred to, as long as they are somewhere accessibly; the retailer has done its job.
I’ve got a signs up saying “that all goods left and not collected for two months become the property of the shop”.
A few customers come back after 6/12 months and want their crap back, most time I still got it hanging around.
On the 2 occasions I had to make use of the notification, in both instances my solicitor advised me, that it does not matter if the customer sees/notice/understands them as long as they are up, that’s enough.