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In online transactions, goods or services are likely to be described on the seller's website by means of photographs, verbal descriptions, specifications of dimensions, color, technical characteristics, reviews by previous purchasers and the dates and/or times between which delivery will take place. Which of these statements become terms of the contract? This question will be determined in the normal way, by asking whether it can be inferred in the circumstances whether particular statements were intended to be legally binding. It follows that statements regarding the class of goods, ascertainable aspects of quality, specifications, fitness for purpose, etc. will be interpreted as terms of the contract. By contrast, the publication of customer reviews will likely only be considered as representations for which the seller is not liable.
Online transactions typically involve goods being delivered by post or courier. Delivery is normally arranged by the seller on express terms agreed with the buyer at the time of transacting. For example, the buyer might choose to pay more for faster delivery by express post, or slower delivery as regular post. Other agreed terms might include what is to happen if the buyer is not present when delivery is attempted.
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