Notice and Assent: Electronic Bargaining in California
Plaintiff Brett Long purchased a floral arrangement on defendant Provide Commerce’s retail website, an arrangement that he claims was advertised as a completed assembled product. When the product was delivered, it was instead a do-it-yourself kit in a box requiring assembly by the purchaser. Long sued Provide Commerce for making misrepresentations to consumers.
In this case, the California Appellate Court has adopted the reasoning in Nguyen and has, perhaps, killed off “pure browsewrap” terms as an effective contracting approach.