What law applies to the transaction?

Wilson Royce purchases a Game Boy for his son on the Internet. He purchases the product over the Internet on www.discounterelectronicsforyou.com. Prior to his purchase, a pop-up box appears requesting that he accept the terms and conditions of purchase. He clicks “I accept” without scrolling down to read any of the terms. When Wilson receives the game boy, he tests it out. He attempts to charge it, but nothing happens. He even takes it over to a local electronics store to test it out—nothing. Wilson contacts the Web site through e-mail to tell them that the game boy does not work and he needs instructions for its return. Wilson receives a computer-generated response which states that the site where he purchased the game boy is not responsible for any repairs or replacement of any electronic products sold through the Web site. Wilson needs to deal directly with the manufacturer. Unbeknownst to Wilson, there was a pamphlet in the box in which the game boy was packaged which stated that “Th is product is “as is” and is at a special discounted price. Manufacturer makes no warranties as to merchantability and fi tness for a particular purpose.” Wilson never saw the pamphlet and claims that it was not included in the box. None of this information was posted on the Web site as well. Wilson now comes to your fi rm for advice on how to proceed with the return of the product. What law applies to the transaction? Are the Internet contracts enforceable against Wilson? What claims can Wilson assert against the website retailer and the manufacturer? What remedies, if any, does Wilson have against the Web site retailer and the manufacturer? Analyze all issues.

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