context: Significantly, the agreement sent to Ms. DeFontes, who is no longer a plaintiff in this case, contained additional language advising her of the method of rejection. The introductory provision of the terms and conditions agreement that defendants sent to her stated, "[i]f for any reason Customer is not satisfied with a Dell-branded hardware system, Customer may return the system under the terms and conditions of Dell's Total Satisfaction Return Policy * * In doing so, defendants explicitly contrasted acceptance of the terms with rejection of the goods, albeit while retaining some ambiguity whether rejection of defendants' proposed terms could reasonably be construed as dissatisfaction with "Dell-branded hardware." Many of the cases upholding shrinkwrap agreements cite explicit disclaimers advising consumers of their right to reject the terms.
citation_a.signal: no signal
citation_a.identifier: 998 P.2d 308, 308
citation_a.parenthetical: "IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY RETURN * * * TO THE PLACE OF PURCHASE AND YOUR PURCHASE PRICE WILL BE REFUNDED"
citation_a.sentence: Mortenson Co., 998 P.2d at 308 (“IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY RETURN * * * TO THE PLACE OF PURCHASE AND YOUR PURCHASE PRICE WILL BE REFUNDED”). Such explicit language is also present in some of the foreign cases in which defendants have prevailed.
citation_b.signal: see
citation_b.identifier: 2006 WL 2109436, at *1
citation_b.parenthetical: "[ajgreement informs the consumer that by returning the product or refusing delivery in accordance with Dell's return policy, he can reject the terms and conditions"
citation_b.sentence: See, e.g., Sherr, 2006 WL 2109436, at *1 (“[ajgreement informs the consumer that by returning the product or refusing delivery in accordance with Dell’s return policy, he can reject the terms and conditions”).