Time to use the box cutter and open it from the bottom.
Ah! that one of the worst parts of the internet, and they’ve figured out a way to make it real.
At least they mention the arbitration upfront, I guess.
Name and shame. First off ,if in u.s. then most likely not legal and wouldn’t hold up in court. Secondly why would anyone ever agree to put something in their body with this kinda advertisement??
Name and Shane plz
It’s in the “agreement”.
Write on the money you used to purchase this by accepting this money you agree to the terms of service…
Eat shit turdblossoms.
This is what I imagine buying kratom is like
Mandatory arbitration agreement for a protein shake or whatever it is. First it may not be enforceable. Second it makes me think that this product is not fit for consumption.
I wonder if we’re not fucking ourselves.
“Not enforceable” may have been a thing of the past, with the way technology has developed. We may be approaching a point where terms & conditions ARE enforceable.
No way this is legally binding. It amounts to a bait and switch. A product was purchased and provided without agreement to any further terms. Then they sneak in supposed terms after the fact based upon the action of opening the product. That is a change in agreement made without any consideration for the purchaser. That’s not generally allowed in contact law.
Furthermore, I really doubt that they can get away with the argument that the act of opening a product can constitute any amount of conscious agreement to some writing on a package. If for no other reason than that this is (afaik) a novel way to attempt to coerce agreement such that nobody would expect such an agreement to be part of the opening process and likely won’t notice it.
And it’s not accessible for every person who may be using this product even if they do notice the words. Are you a non-English speaker? Farsighted? Blind? Illiterate? Would you have any way to even be aware that those words are terms that somehow binding you to an agreement by virtue of your opening the thing you just bought? Would you have any reason to even suspect that that is the case?
Also, they’ll undoubtedly claim that the fact that you have the opened product means that you agreed to the terms, but that is also not the case. Your mom opened it for you and wrapped it as a gift? You bought it secondhand? The packaging was torn open when it shipped to you and you never had any reason to see this text in the first place? It was misprinted? Any of those things and more would mean you never agreed to anything. And they have no way to prove any of those things weren’t the case.
Just stupid. I have zero doubt that any number of lawyers would love take this to court and get that payday.
It actually does have legal precident. You know how you can’t read or accept the EULA for software until after you purchase it?
They get away with stuff like that when they have sold you a “license” to their software, rather than something you gave actually purchased outright. It is argued that a license is a an agreement to access a software product, rather than ownership of it, and putting an EULA in between your license purchase or changing it later doesn’t affect your purchase because you continue to hold the license even if you choose not to agree to the terms necessary to use it. It’s a bit different for a physical item that you have actual ownership over, not a license to use it (pending agreement).
I also find all of that to be loophole bullshit that should be fixed, but that’s a separate issue.
All it does is prove to the purchaser that the fuckers don’t trust the basic safety and fitness for use of their product. Spectacular self own.
Absofuckinglutely
If I bought it and got home and found this, I’d return it as I have before. You’re not trapping me into agreeing for anything without the notice on the OUTSIDE of the product packaging. Fuck this
Plus it speaks volumes to the product itself. If they’re trying to pull shit like this there’s no way I’m trusting whatever they’re trying to get me to put in my body.
Yeah, feels like a trick.
This isn’t mildly annoying, this is corporate hellscape.
Is there a bigger red flag than a message on it saying ‘if you break this seal you can’t sue us!’
Ackchyually, that makes it easier to sue them.
Attorney: -calls witness, a physicist- Physicist: “by simply observing this product, even without opening it, your clients life was changed in some way.” Attorney: “crazy label people, pay up!”
Open it from the bottom.
There’s an easy solution: keep buying it, break the seal too get the message, then return it. Have your friends do the same, at the same store. Pretty soon that product will be gone and you can move on to the next store.
If the store starts to bitch about it, you can claim that you wanted to see if the statement had been removed.
Next there will be cookie banners
Forced Arbitration should be illegal everywhere.
Usually is
I hope you returned that shit. That’s not mildly infuriating, that’s capitalism has officially run amok and needs to be taken out back and shot in the head
Add to this the fact they try to enforce mandatory arbitration - a thing that shouldn’t ever exist to begin with, in any jurisdiction, and is actually unenforceable in many.
In most of Europe, no contract can take away legal rights
Same in the USA, but that doesn’t mean they won’t try.
I’m pretty sure forced arbitration is in fact legal and enforceable in the US (at least for the most part? I am not a lawyer)
Unfortunately, the US doesn’t yet consider that a legal right. Sadly, courts take the position that if you don’t agree with the terms, don’t buy the product. Even in the cases where you couldn’t access the terms ahead of the sale.
Exactly
It doesn’t matter if you can’t afford the lawsuit.
The legal system in Australia is better because if you win a lawsuit, the losing side usually has to pay your legal fees. As a result, there’s far fewer frivolous lawsuits, and companies don’t drag out lawsuits hoping the other party runs out of money (which is a common tactic in the USA), since they could be on the hook for all those costs.
Then lack or presence thereof won’t help you, either.
