Website Terms And Conditions: What Constitutes Acceptance? – A Recent U.S. Case Casts Doubt

A recent U.S. Court of Appeals decision (Ninth Circuit, August 18, 2014) is a reminder to any of us seeking to impose contractual terms on our website users and online customers.  Nguyen sued Barnes & Noble in federal court, but Barnes & Noble was seeking to enforce the arbitration clause in their website terms and conditions, to move the proceedings out of the court.

The case arose from the liquidation by Barnes & Noble of its inventory of discontinued HP "Touchpad" tablets, which were an unsuccessful competitor to the iPad.

Barnes & Noble advertised the fire sale of Touchpads at a heavily discounted price.  Nguyen acted quickly and purchased two units on their website and received an email confirming the transaction.  But the following day he received another email from Barnes & Noble informing him that his order had been cancelled due to unexpectedly high demand.