Legal Question in Business Law in Florida

Re: internet contracts

In any lawsuit over a sale of goods, the court will pay a lot of attention to the parties' agreement. What else can it decide upon?

In any contract for the sale of goods, the buyer is entitled to a so-called "perfect tender." Look up the phrase "perfect tender rule" on Google. In short, "In a contract for the sale of goods, if the goods fail to conform exactly to the description in the contract (whether as to quality, quantity or manner of delivery) the buyer may reject the goods and rescind the contract." This concept is part of the Uniform Coimmercial Code (UCC section 2-601) adopted by all states. If the contract doesn't describe the goods, the court will refer instead to any drawing or sample used by the seller to offer, or by the buyer to specify, the goods to be delivered.

In your case, you aren't really clear whether the "policy page" expresses a return policy or a policy that the goods sold might be replicas. If the former, you might have a chance; if the latter, you got what you ordered, and you are probably stuck with them.

Also, if you are in California and the seller is in Florida, jurisdiction quite possibly would be in Florida and you wouldn't be able to bring suit in the California courts, which would be a real economic barrier to getting a satisfactory outcome.

Jurisdiction in a particular state generally requires a significant nexus between the party to be sued and the desired forum state, and just selling goods over the Web is often not enough, without more, to give jurisdiction to the courts of the buyer's state.