Next there will be cookie banners
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.
Now that it’s opened slightly, return it “immediately”
all that jazz for a protein supplement?
You even get some heavy metals included for free! What a bargain
Supplement purity is hard, yo.
One full of toxic heavy metals.
So when my underage child opens this what’s the plan? Clearly theyre not old enough to enter into an “legally” binding agreement, right?
Make your own opening elsewhere on the package.
You’re still opening it.
But if you have your friend open it, then you are not opening and consuming the product.
Of course, with such draconian rules, one should not drink that stuff anyway.
“I went to the url but it was just a 404, honest. No terms, no conditions”
It says you’re bound by “opening and using” the product, rather than “opening or using”. Have someone else open it for you. Then neither of you have done both.
I think it should be “and/or” because if it’s just “or” than the terms would only apply if you either open it or use it.
No, that’s xor
Contractual malicious compliance let’s go
Yeah but just to be clear, the terms are likely there for a reason and using this product probably has risks associated.
The only product I want to use with a liability waiver attached is the bungie cord at the fair.
Apparently, it’s full of lead.
Why would a bungee cord have lead?
Weight makes you go faster
Thus is the kind of legalistic bullshit interpretation I can get right behind
I think having someone open if for you still counts. You’d have to already find one opened.
Leave it in a workplace fridge with a clear sticker saying “MIKES DO NOT TOUCH”
Go one step further and have someone under 18 who cannot legally enter into a contract open it haha
At the board meeting, I want to hear when they decided to broadcast that they’re expecting to get sued, but in a really cute way
return it after opening and consuming. the text does not say if you do not agree do not open. nor does it say you can’t agree, open, then disagree.
Open it. Return it. Repeat.
Some one should sue them for the maximum highest costs calculable for the travel time of having to return their products buying a new substitute brand, and going back home + legal fees.
Then that person should buy the product again to see if there’s still an agreement in place, and sue them again.
hilarious. I think they’re doing you a favor so you don’t have to buy this product ever again
Lmfao protein additives (or whatever that is) now come with a EULA…? What a time to be alive 🫠
Shit like this is rarely enforceable but in order to find out, you need to have money.
What I like to do is clap back and send them my own terms and conditions, with the stipulation that if they don’t write back, then they are accepting them.
Ever had any replies?
Oddly no but I suspect that it’s either due to them not caring enough for one person doing this or them thinking their T&Cs will prevail in court.
For me, I don’t see a loss. Either my contract doesn’t hold up, which means that I only lose time and money or it does hold up in which case I lose time and they (and every other company that has clauses where you accept terms by continuing services) loses their contract terms.
If it ever came to it, I would bet the company would choose to settle rather than risk a president being set.
Just fyi, a biased judge could hold you to even the tiniest loophole the company might find if you send them terms that you define without their input. Still totally do it (IANAL), but you might want to either use boilerplate language whose implications you fully understand or run it by a lawyer.
That’s actually legally binding, still do long as it’s ensured mail (or whatever your country calls it when a signature is required to accept the package).
