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Cynthia Hines purchased an ElectroluxOxygen Ultra Canister vacuum from Overstock.com, an online retailer that sells closeout goods, Ms. Hines returned the vacuum and was refunded
Cynthia Hines purchased an ElectroluxOxygen Ultra Canister vacuum from Overstock.com, an online retailer that sells closeout goods, Ms. Hines returned the vacuum and was refunded her full amount, less a $30 restocking fee. She filed suit for breach of contract because she said that Overstock.com advertises that you can return merchandise at no cost and that Overstock com did not disclose the restocking fee However, Overstock.com states that its website includes the following 'All retail purchases from Overstock are conducted through Overstock's Internet website. When an individual accesses the website, he or she accepts Overstock's terms, conditions and policies, which govern all of Overstock's customer purchases. However, users were not required to click on the terms and conditions or to scroll all the way through the terms and conditions in order to use the site. It was possible, then, for a user to miss all the terms, such as a restocking fee. Evaluate whether the restocking fee was part of the con- tract. Was it ethical for Overstock.com to impose the terms without users being aware of those terms? Discuss whether Overstock.com should have done more to disclose the restocking charge or put the notice in a different place
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