So Kevin Mofo Moko and his brother Sandrin Mofo Moko (I will resist commenting on the “Mofo” part) bought a pair of shoes. Not just any shoes, Nike Foamposite One Galaxys. They bought them for $316. Apparently they are rare, so they put them on eBay. Bidding got up to $96,750 when eBay pulled the plug on the auction, as is their right when something seems to be amiss with an auction. We’re not sure what was amiss, but the fact a pair of fucking running shoes was getting $97k bids we guess has something to do with it.
You agree that any claim or dispute you may have against eBay must be resolved by a court located in Santa Clara County, California,… You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
Why don’t they apply? Well, they apply (sorry for the hyperbole again) but the exclusive jurisdiction clause is useless. Why? Let’s go to the law:
Article 3149 Civil Code of Québec: A Québec authority also has jurisdiction to hear an action involving a consumer contract…
Quebec Consumer Protection Act 1.(e) “consumer” means a natural person, except a merchant who obtains goods or services for the purposes of his business;
The Court said that you’re either a consumer or a merchant running a business. In the Court’s defense, they do seem kind of upset about this dichotomy. They wonder if maybe there shouldn’t be a category of in-between which would apply here. They say:
On the one hand, the consumer-merchant dichotomy excludes a third class between the two. On the other hand, given that it requires full-time transactions to be a merchant, obliges us to conclude, as the jurisprudence has done, that they must be consumers in light of only one isolated speculative transaction, which, if it was repeated, night have changed the status. (my crappy translation from the original French)
Well ok then. At least you recognize this may be a load of crap. But the exclusive jurisdiction clause is toast, and the $97k running shoe lawsuit can proceed here in Quebec.
Super happy fun-time analysis time!