E-commerce News

We came across this story earlier today and just had to report it, not just because it’s funny but also because it reveals that not many of us pay close attention to the Terms of Service offered by a retailer when we’re shopping online.

British computer game retailer GameStation has revealed that due to an April Fools’ Day joke that it employed on its site during the prankster holiday, it now legally owns the souls of thousands of online shoppers.  The company added the “immortal soul” clause to its contract that is required to be completed before any online purchases can be processed, stating that the customer grants the company the right to claim their soul:

“By placing an order via this Web site on the first day of the fourth month of the year 2010 Anno Domini, you agree to grant us a non transferable option to claim, for now and for ever more, your immortal soul.  Should We wish to exercise this option, you agree to surrender your immortal soul, and any claim you may have on it, within 5 (five) working days of receiving written notification from gamesation.co.uk or one of its duly authorised minions.”

GameStation’s clause also says “we reserve the right to serve such notice in 6 (six) foot high letters of fire, however we can accept no liability for any loss or damage caused by such an act. If you a) do not believe you have an immortal soul, b) have already given it to another party, or c) do not wish to grant us such a license, please click the link below to nullify this sub-clause and proceed with your transaction.”

Despite clearly stating that a shopper could opt out of this clause with that link or a simple check box, very few actually did.  Those who did were given a discount voucher.  Though it was simply an April Fools joke that isn’t enforceable and was eventually nullified by GameStation in an email to customers, the whole episode proves a valuable point.

Based on the limited number of shoppers opting out of the ‘soul’ clause in this example, it would appear that almost 88 percent of people do not read through the terms and conditions of a retail website before they complete their purchase.   That means that companies could technically put anything they want in the terms and conditions area, including clauses that are actually legitimate and/or potentially harmful to the shopper, and enforce it.  Since most shoppers just check the box acknowledging that they’ve reviewed the terms, they’re leaving themselves open to all sorts of problems if a retailer was so inclined.

So what’s the moral of the story (besides not selling your soul for a video game)? Read those terms and conditions!  Yes, they’re tedious and long at times.  But they’re also your protection as a consumer. If you have problems with the item you buy or issues with the warranty, return process, etc., chances are it will be covered in those terms and conditions.  Skip them at your own peril!

Kudos to GameStation for pulling a great prank that also highlights a problem all shoppers should know about.  Leave us your thoughts and comments below!