Mr. Smith, an architect living in Manchester
(England), needs to take some pictures of Mr. Grimm’s flat in relation to
which he will be elaborating the refurbishment works. Therefore, on 2nd January,
2016, he purchases a digital camera compatible with his architectural design
software, on the website www.yourpicture.com managed by the company ABC seated in
Bucharest (Romania). The camera was offered, only for UK users, at the special
price of £500.
In order to purchase the camera Mr. Smith
accepts the on-line terms and conditions of sale by clicking the button “I agree”
on the offer. The terms
and conditions include an exclusive clause of jurisdiction in favour of the
Court of Bucharest (Romania).
Mr. Smith pays by his credit card but he does
not receive the camera by the agreed date. He writes a letter of complaint to
the seller but he does not receive any reply. Therefore, he decides to instruct
a lawyer in order to sue ABC and claim a full refund. The terms and conditions
are no longer accessible on the seller’s web site.
As the lawyer for Mr. Smith,
(I)
consider his legal position fully by listing
each factor to be taken into account, and
(II)
explain to him with reasons and reference to the
legal framework,
a.
the court in which you will file the claim
b.
the law that will govern the dispute.
For Quality Research Projects: kojalajohn12@yahoo.com
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