International Trade Law and Practice

Jack loves cruising on the Internet. He saw an advertisement on the net for the sale of a smart card, which is said to be able to foresee your luck for anything you ask. He filled in a purchase order on the net and paid using his credit card. Two weeks later, he received a CD containing the program, which, however, is useless to Jack because it is programmed in Japanese. The advertisement was placed on the net by a US registered company, which is in fact a subsidiary of a Japanese parent company. Assume that Japan is a party to the Vienna Sales Convention, but the USA is not.

Required:

1. Does Jack have any remedies under the Vienna Sales Convention? Why?

2. Is there any difference in your answer, if Jack runs a small business and the program has been purchased for the use of the business?