A Web site displaying goods for sale is closely analogous to a shop window and if the wording and the layout of the Web pages are correctly drafted then the Web site would be creating a situation where, instead of offering goods to sell the company was simply inviting potential customers to order goods from the company. This ordering of goods could be accomplished electronically directly from the Web page and would, in the legal sense, constitute an offer by the potential customer. The company could then accept the offer and supply the goods according to the order placed by the customer if it was commercially beneficial to do so. If the company is confident it can fill all possible orders made in this manner, then it may be plausible to have all orders automatically accepted by the Web page software. An express governing law clause and a jurisdiction clause can be used to attempt to ensure that the law of the place of business of the Acceptor applies, and the courts of this place have jurisdiction, instead of the law and courts of the Offeror's jurisdiction.
Examples are restrictions on excluding liability and assurances concerning quality of goods.
The application of these laws to an Internet contract depends on a number of factors including the subject matter and nature of the contract and, to some extent, the location of the contracting parties. A Hong Kong company with a Web site dedicated to selling clothing on an overseas market may contract with a customer in England using Hong Kong governing law and jurisdiction clauses and still find himself subject to the protection offered the English customer under the Unfair Contract Terms Act 1977 and the Sale of Goods Act 1979 if an action is commenced in England even if the English courts accept that Hong Kong law is the governing law. In these circumstances, the contract will still be interpreted by the English courts in accordance with Hong Kong law, as this was agreed between the parties, however, the court will have to take into account these English consumer protection statutes. This is a well established exemption to the general common law rule that a contact is made where the Offeror receives communication of the Acceptor's acceptance. The postal rule, briefly stated, provides that when an acceptance is posted using the ordinary post then the contract is made at the time and in the place where the letter of acceptance is handed over to the postal authorities.