Question: Can a company change its "Terms of Use" and "Return Policy" Overnight?

[jenna_trader]

Westronics has changed its entire Terms of Use clauses on their web in the last day or two. I've been reading and rereading their terms of use through the Memorial Day weekend and the Terms... have actually been changed. If you go to the site you can see the typeface suddenly becomes really large and that is where the changes have begun. IS IT POSSIBLE TO GET their original "Terms of Use" policy? I wonder if anyone out there in cyber land made a copy of their 'return policy' or 'Terms of Use' which Can you change your Terms of Use after an order is made and thus force those that ordered before aforementioned date to be HELD TO THE NEW TERMS of Use?

The changes seem to have been posted hastily and emphasize words like "fraud, harassment, abusive, criminal offense, violation of the rights of ANY party (meaning theirs!) Are they holding the consumer to a higher set of rules they themselves WILL NOT adhere to?

What are they saying here? Are they suggesting consumers can't substantiate their claims of fraud?

"You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization."

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Wisetronics.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

http://www.wisetronics.com/terms.asp

[SepedaTua]

Jena, I believe they can.

I have 2 ways to see what on a page previously.

#1. You can see it on Google cache here:
http://72.14.235.104/search?q=cache:...ient=firefox-a

#2. On Archive.org
http://web.archive.org/web/*/http://....com/terms.asp

If Archive.org dont have recent page, that means current active page on a site is about the same with the last one listed on Archive.org.

Hope this can help.

Btw, I didnt see that part (Use of Site) differences since 2005. Only the font size is different.

[JamesConnolly]

Terms of Service agreements are iffy on enforceability anyway. Many aspects, that I've seen, in ToS's are unconscionable and raise a snickering chuckle in legal circles. I think they exist primarily to intimidate the poor and lawyer-less. There's no negotiating factor, so it's hardly considered a contract - even if you "agree" to it by checking some box or whatever. They can put whatever they want in there, change it, and then say your continued use is acceptance of this terms of service. Maybe it is, maybe it isn't...I guess that's for the courts to decide.

[Steve R Jones]

In the link you provided:

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Wisetronics.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

[Peter Cornstalk]

You should always print any TOU or TOS the day you use the site to buy something in case they change and the store does not keep up with what date it was changed.

Screenshot Everything!

[frostbitetwice]

Originally Posted by Peter Cornstalk

You should always print any TOU or TOS the day you use the site to buy something in case they change and the store does not keep up with what date it was changed.

Screenshot Everything!

Cornstalk hit the nail directly on the head. The terms or conditions are only applicably to the date of purchase. No contract would be legal nor valid, if it allows one party to make changes at will and to the detriment of the other party. Case law shows that either the contract or the clause would be invalid and hence non-enforceable.