Quote:
Originally Posted by haertig
So while Amazon may have stated that you are only "renting" an eBook, a normal person would not expect that returning too many totally unrelated toasters or step stools purchased from Amazon, or writing too many product reviews, would result in them terminating your membership and taking away your eBooks and other digital purchases.
Hence, their EULA/TOS tends to get ignored. As it should be. There is a concept that most people are aware of, called "fairness". If something isn't fair, then all bets are off.
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In the UK there is an Unfair Consumer Contracts Act.
You can’t enforce unfair terms in a consumer contract, or unfair consumer notices (eg signs on a shop wall or in a car park).
You can never enforce terms or notices that try to avoid your responsibility for: death, injury, faulty goods, goods that aren’t as described, selling goods that aren’t yours to sell
You might not be able to enforce terms or notices if they try to avoid your responsibility in other ways, eg: delays, unsatisfactory services. not doing what
was agreed
Your contract terms might also be unfair if they weigh the contract significantly in your favour, eg: by providing for excessive cancellation charges and automatic loss of all upfront payments, by creating unbalanced rights, eg being able to cancel a contract at any time, but requiring the customer to give 3 months’ notice, by allowing you to increase the agreed price at a later date
Perhaps Amazon should be careful in the UK and countries which have similar legislation.