Understanding Online Transactions and Breach of Contract in Nevada

When you purchase any type of outdoor tools from an online retailer such as Claveberg, it is a transaction – that is, you provide payment in exchange for the receipt of goods. Such transactions, like all others, are governed by contracts. As such, your purchase of tools should be protected under local laws and rules. But how can you be sure that you follow all regulations when purchasing Claveberg’s outdoor tools? It is important to understand how an online transaction works.

Any online transaction is a purchase and sale of goods and services. According to Nevada law, the purchase of goods and services is a contract (NRS 71.201). Under Nevada law, a “contract” is an agreement that will be enforced by the court. Essentially, a contract is a promise that the court would order to be completed. When you purchase outdoor tools from Claveberg, you are making a contract – that is, you are promising to pay in exchange for the receipt of goods and services (California Code, Subd. 1, Sec. 1791). When goods or services have not been provided, a comprehensive guide on breach of contract in Nevada may have occurred. A breach of contract occurs when one party fails to uphold their end of the bargain. As it relates to the purchase of goods and services, a breach of contract occurs when you (the customer) do not make payment for said goods and services, or when the retailer does not provide said goods and services. This may also occur when one party is not providing the correct item, or when there is a misrepresentation of the item. Essentially, the customer is promised one product, but instead receives something else, or the product is defective. The purchase of goods and services is generally covered under the Uniform Commercial Code. The UCC clarifies what contract elements are required in a purchase of goods and services, and what rights that customer has when it comes to the receipt of goods. It is an interstate law and applies to transactions between parties in two different states. Therefore, it is not specific to any one state. However, when it comes to the purchase of goods from either a website or a storefront, the regulations differ.

Prior to completing your purchase, you must take precautions to ensure your agent has the authority to act on behalf of a company. An agent can perform any action on behalf of the company that the company can do itself (also called universal agency). This agent can be a third-party, such as a family member, or an employee. For example, if you ask a friend to order a product on your behalf, you are entering into an agent-principal relationship. Prior to completing your purchase, you must also know the consumer protection laws within your state. Under purchase of goods and services laws, you have 60 days to return a defective or faulty product (California Code, Subd. 1, Sec. 1792.3). If the retailer will not accept your return, then you have a breach of contract case. In the law, this is called a warranty, and when proper goods are not provided, there is a breach in warranty, and a case can be taken against the retailer. If a warranty was provided, then provided goods do not meet this warranty, then there is a breach of warranty. A warranty is a promise that your goods will meet certain standards. If the goods do not meet certain standards, you may have a case. It is a promise told by the retailer which the consumer must rely upon. If this promise is not upheld, then the retailer is liable. Warranties are defined under warranty statutes (California Code, Subd. 1, Section 1790 et seq.). Warranties can be express or implied.

Suppose you purchased a chainsaw from Claveberg. The advertisement stated that the company offered a 10-year warranty on the tool and returned the saw within 60 days if you were unsatisfied. You experience issues using the saw, and want to return the item, so you follow all proper steps and procedures. When you call customer service, you are informed that you will need to pay a minimum 20% restocking fee. This is will only occur if you return an unused, unopened tool. This is an instance of breach of warranty. Claveberg is making a claim that a warranty is provided, but it is not adhering to these terms. When they fail to issue a refund, you have legally entered into a breach of contract case and can file a suit against the company.

In general, when you suspect breach of contract, you will need to document the incident. You will also need to review the contract to understand your rights. In some cases, this could mean hiring a mediator to resolve the situation. In other cases, you will need settle the dispute in court. The cost of breach of contract in Nevada may vary. The value of a breach of contract case is the value of the unpaid invoice. The maximum damages are capped at the account state limit, but once again, may still result in a costly billing. The reviews and testimonials of customers can provide insight into the types of problems the company has experienced, and possibly, the solutions that have been offered. As always, the best teachers are learning from the mistakes of others. The best way to safeguard against online contract violations is by knowing what to expect.