The key to staying within the eBay guidelines is to disclose any flaws in the description and the photos. Investment disclaimers are just one industry example of how you can protect your specific business interests. In a turbulent industry such as crypto, its important for a company to fully disclaim all responsibility for decisions its users make. Yes, you need a disclaimer to protect your website against legal liabilities. And it's also a huge, tech-savvy market. You can create reusable listing templates from Seller Hub - opens in new window or tab. You cannot add a disclaimer saying "I only accept returns if there is a problem with the item" because that contradicts the eBay returns policy. Investment disclaimers explain that while a business may provide financial advice, it is not responsible for the consequences of acting on that advice. If you require potential customers to sign up for any special deals or memberships as part of your ecommerce business, you can include links to your disclaimers on the sign-up page. It is often referred to as buyer's remorse. A seller can put whatever they like, however it will not override eBay money back guarantee. Is There a Difference Between Disclaimers and Privacy Policies or Terms and Conditions Agreements? If on the other hand you are returning the item simply because you no longer want/need the item you will be responsible for return shipping. Disclaimer: Termly Inc is not a lawyer or a law firm and does not engage in the practice of law or provide legal advice or legal representation. You can defend your use of original content with similar disclaimer language based on the category of fair use you are using copyrighted work under and any applicable licenses. In order to help you create a cookie consent solution that is GDPR and Cookie Law compliant, we must first scan your website for cookies. In some instances, a disclaimer can protect you legally from liability claims. Here's why you definitely should post disclaimers on your ecommerce store's website. Answer some questions about your business practices. The choices are: When selling a pre-owned item, always under-grade your item. I reserve the right to alter shipping method. There is only so much sellers can do - we can't force the buyer to read or look at pictures. I also clean of each game cartridge and case individually before sending them out removing as much dirt, stickers, and markings as I can. You might also see a copyright disclaimer referred to as an intellectual property disclaimer. I know where you are coming from. It states that the website does not guarantee or warrant to the user that the products or services on the site will meet their needs or expectations. You can create up to 50 different templates. Our free, downloadable disclaimer template is written in simple language and can be easily modified to address the liabilities you have on your website or app. Before listing I thoroughly clean and test my products. Unless this mysterious something is going to make you the scads of money needed to respond to the lawsuits you seem to think likely, why bother with it? Sure, there has been a Judge Judy case or two. That's especially true if the website also has a blog that discusses economic issues. Should eBay Sellers Charge a Restocking Fee for Returns? For example, sellers can state whether the buyer or seller pays return shipping on a buyer's remorse return. 2. However if a problem with the game arises I have a very customer friendly return policy.RETURNS:My return policy is simple if you should have any problems with the item contact me within 14 days of receiving it and I will provide a full refund(return shipping included) upon it's return. 05:44 PM. Limiting returns to damaged items, invites returns of damaged items. Below is an example statement from Stillwater Acupuncture clarifying that not everyone using their services has the same experience. It can also act as a past performance disclaimer, which informs your users that past financial outcomes do not equal future results. In the US, you are legally required by the Federal Trade Commission to have a testimonial disclaimer posted on your site if you allow your users to share reviews or endorsements of your products. Customers want to know they can purchase from you in confidence, and a confidentiality disclaimer provides that reassurance. This is because it's impossible to guarantee that every piece of information on a website is 100% accurate. You cannot use or forward any attachments in the email. Typically found in a website's Terms and Conditions agreement, this type of disclaimer is essential because it warns users about the limits or scope of a website's liability to them. Less the customer has to ponder something, the more chance they'll buy. Since sellers are responsible for making sure their items are delivered safely to buyers, a listing can't include information like: I am not responsible for the item once its dropped in the mail., I am not responsible for lost or damaged items., If your listing includes this kind of info, please edit it before posting it on eBay. If your business sends certain confidential information by email, add a confidentiality disclaimer to all electronic communications to comply with the law or just to ensure your messages are only seen by the intended audience. A disclaimer is a statement that specifies or places limits on a business or individual's legal liability. 04-24-2014 If your website or app gives out any legal information, you should use a disclaimer to clarify that it does not qualify as real legal advice. As another example, Fox News has a disclaimer that addresses user-generated content on its message boards and forums: The Fox News disclaimer is a good example of how a news website can benefit from the discussion created by user-generated content but still distance itself from the views expressed. If eBay wants to defect the hell out of me for offering good customer service they can go ahead and do it. Please do not blame me for the high cost of shipping.Any returns or issues must be addressed to me within 24 hours of receipt of item, items must be returned as shipped. The item was paid for in a single payment (including payments with PayPal Credit). Its critical to limit your businesss liability for all aspects of your operations even for small things like linking to other websites. You'll be able to instantly access and download your new Disclaimer. eBay is an extremely crowded marketplace which means buyers may look at tens or hundreds of listings before they get to yours. This type of disclaimer is vital if your site allows contributions from others or provides a platform for users and guests to leave comments. Arguably the biggest benefit of using disclaimers on your website is that it can help limit what youre held liable for in a court of law if a user ever pursues legal action against you. Mistakes can still slip through even with a team of editors and proofreaders. Since I don't mention taxes for other nations, I feel I can kick any questions back to the customer's own government. If you are unsatisfied with your purchase please contact me before leaving neutral or negative feedback. To recap, there are many types of disclaimers, and you need to pick the ones that best suit your needs. For instance, if you sell legal products and are giving financial advice on your blog, you may want to incorporate a disclaimer that states that you are not a financial advisor and that the reader should consult a professional before making any decisions. Including an affiliate disclaimer is a simple way to comply with Federal Trade Commission (FTC) guidelines and ensure that your visitors have all the information they need to make informed decisions about the products they purchase through your site. If youre posting any medical or health information on your website or app, include this disclaimer so your users know that your service does not replace seeing an actual doctor, and establish that youre not responsible for any harm that may occur if users follow your advice. You can include a link to your disclaimers from your navigational menu so that your website visitors can easily find them. Yes, but those disclaimers cannot contradict or alter eBay policy, and cannot contradict any other part of your listing. Say you allow guest posts on your ecommerce store's blog or you run a forum where users can openly discuss the products you sell. Dynamic variable. This article is not a substitute for professional legal advice. If your site or app uses content from other sources, you must include a fair use disclaimer to prevent your business from being accused of copyright infringement. They can help protect you from a range of potential liabilities and can also be used to disclaim responsibility for certain damages, such as indirect or consequential damages. This can be done either by linking your disclaimer page to the website footer, or, if the disclaimer is small enough, by embedding its actual text into the footer. (Example: 'contact seller'). I only leave behind stickers which could possibly lead to damage to the item if I were to remove them for instance security stickers on game labels. Except as is otherwise expressly provided in this Agreement, Seller hereby specifically disclaims any warranty ( oral or written) concerning: (i) the nature and condition of the Property and its suitability for any and all activities and uses Buyer may elect to conduct on the Property; (ii) the manner, construction, condition and state of repair It can also be used to inform your users that accessing your website does not mean they get any attorney-client privileges. Here's how Work Van Equipment lets users know that shipping delays may occur and that all delivery times given are subject to change: If you've ever visited an ecommerce store selling products related to financial websites, you may have noticed a disclaimer on the page. Terms of sale:All payments due in 7 days payments not received in 7 days void all rights to mdse. Of course, disclaimers cannot completely protect you from all liability, but they can help to limit your exposure. We know it's a privilege as it can be revoked at their discretion. It should be comprised of the following four parts: If you dont put what rights you wish to retain at the end of your notice, the legal assumption is that youre maintaining all rights. Our software is built to create any kind of disclaimer or disclosure you need for your: Mobile App. If youre ready to download and customize a disclaimer, check out ourdisclaimer templateor let us do the work for you with ourfree disclaimer generator. After all the buyer chooses the service. The purpose of an eBay item description is not only to sell the item, but also to sell yourself as a seller. In the same way, say you offer advice on DIY home projects on your blog. You can usually find this type of disclaimer within the Terms and Conditions agreement. This disclaimer helps properly set your users expectations and reminds them that customer reviews and testimonials are not indicative of every persons experience. If youre a frequent eBay seller, you can simplify how you create high-quality listings with reusable templates. Weather, mishandling, or holidays can affect shipping times.". eBay is a marketplace that allows users to offer, sell, and buy goods and services in various geographic locations using a variety of pricing formats. However, the vast majority of disclaimers fall within one of the following categories: Affiliate Disclaimer Copyright Disclaimer Fair Use Disclaimer Confidentiality Disclaimer (for Emails) Warranty Disclaimer You should use a disclaimer to help limit the liabilities your business can be held responsible for and to establish and maintain your intellectual property rights. Keep in mind that YouTube content creators and businesses that target children under 13 need to also comply with the Childrens Online Privacy Protection Act (COPPA). Regardless of the types of disclaimers you use, they must be prominently displayed and must be clear and concise to be effective. Buyers from blocked countries really wanting an item will often make contact to work out alternative arrangements and/or have the package sent through a reshipper. It is better to classify an item as "good preowned condition," even if it is like new. Another option to consider, at least for the lower priced items, is to ship 1st class and hope for the best. Sellers can also charge a restocking feeup to 20% of the purchase price of the item. To present its fair use guidelines, YouTube includes a link to a copyright resource in its website footer, as shown below. Sometimes buyers want an item for parts, to repurpose, to up-cycle, orthey don't care about defects or damage. Other times they can be found as clauses within other legal agreements, including your: If you own a business that operates online in any capacity, its in your best interest to have a disclaimer. You might find any of the following types of disclaimers useful for your website or app: The benefits of using disclaimers for your business are that they limit your liabilities, are more affordable than legal fees, and are easy to create and add to your website. Privacy Policy, Below, see a YouTube video disclaimer example from The Cosmic Wonder. In this article, we'll look at the different types of disclaimers you may need for your ecommerce store, what each should contain, and how to create your own disclaimers. She has been a Data Protection Officer for the past six years, helping small and medium-sized enterprises achieve legal compliance. Great disclaimers for ecommerce stores start off by including the common core of a disclaimer statement. However, some disclaimers are more common than others and are a best practice to include, such as ones that address the following topics: Once you have your disclaimer created, make sure to display it in an area where the most customers or potential customers will see it and be informed, such as in a pop-up banner or in your website footer. No, you cannot copy someone elses disclaimer, as this is plagiarism, and the information will not apply to your business. Another benefit of using disclaimers on your website is the cost theyre usually cheap or free to add to your site, and they can help you save thousands of dollars in legal fees down the road. I hate photobucket right now PS Answers given years ago may or may not be current now, please check with current posters to the boards to see if the information is still relevant. Having one can discourage others from making false health claims about the products you sell and can help guard against liability in the event there is an adverse reaction to your products. No need to say "returns accepted under XYZ" because ebay already has a system in place for returns and when you can issue/accept returns. You can also explain to users that your website does not replace the services of an actual independent lawyer. Their business is not yours, and there may be small details that apply to them and not to you. Because the ICO discusses privacy law compliance, it must inform users that the information it provides is not legal advice and that the external website links it provides are only for reference. Another example might be disclaiming responsibility for user-generated content on your website, such as comments and reviews. In 2022, corporate law firms charged an average of $350 per hour, while lawyers specializing in intellectual property rights charged an average of $342 per hour. Select a Language Below / Seleccione el Idioma Abajo. For example, if you promote an Amazon product in a blog post through the Amazon Affiliates program, you need to add an Amazon Affiliates disclaimer to that blog post. Our Disclaimer Generator can generate a legal disclaimer for your business, website or mobile app. Some examples of flaws to disclose; It is quite possible, even normal, for the buyer not to read the description carefully or look at all the photos. Sellers can use statements like these to describe an item they know is authentic: List items if they're not sure if they are authentic. If there are any inaccuracies, vague statements, or misleading content on your website or app, even unintentionally, a disclaimer statement may help deflect or limit your legal responsibilities. Most sellers require buyers to pay return shipping. After all, eBay the company and eBay sellers are nothing without buyers to purchase our products. that goes in the Description. There's no way that will work. eBay sellers can craft their own return policies as long as they are within the scope of what eBay allows. I used BabelFish because I've been selling internationally for over 20 years. the Terms and Conditions agreement, Privacy Policy, as seen above. Put your disclaimer where users can easily find it, for example, you can put your disclaimer or disclaimers on a separate page, then link to that page in your website menu, footer, or Impressum page, if you have one. For example, when a buyer comes to eBay and shops for a tv, they can browse the category by factors such as screen size and brand, check out product reviews, and search for items that are brand new, nearly new, or pre-owned. It includes a separate clause stating that while it covers various topics, it does not constitute advice in that discipline: If you post any type of informational content, a standard no-guarantee disclaimer clause allows you to be a source of industry knowledge without any obligations to your users. If you participate in any affiliate programs, adding an affiliate disclaimer to your website discloses your participation to your users so they cannot hold it against you or claim not to know that youve partnered with a third party. Additionally, they should be tailored to the specific risks associated with your business's products or services. Search Search. When running an ecommerce store, there are many things to think about, from the products you're selling, to your Shipping Policy and Return and Refund Policy, to how you'll handle customer service. An affiliate disclosure is a disclaimer statement that informs your website visitors or potential buyers that you're being paid by the company (or product) you're linking to as an affiliate. This is EBAY/PAYPAL policy. In addition to product liability disclaimers, you may also want to post disclaimers relating to other risks, such as return disclaimers. And all the talk of delivery confirmation may get thinking they'll have go to the post office to pick it up and/or maybe it's not safe to order. Just follow these steps: At Step 1, select where your Disclaimer will be used. This sample disclaimer clause allows you to lay claim to your sites creative assets. my disclaimer or better stated terms and conditions- if you read the fine print Ebay allows sellers to place their own terms and conditions on sales. Come back and lets see what your thoughts are when you have more than a ( 0 ) under your name .. most of the zero or low feedback numbers you see posting answers have been doing eBay for 10 years or more they have posting ID's for a reason. INTNL: If you USE PAYPAL you must use a receipt confirmed mail service. On the internet you can find dozens, even hundreds of free eBay listing templates - just do a Google search for "free eBay template". My updated notes at the bottom of each listing. . You can also read information about trademarks. You should also put your disclaimers on relevant content. For law firm websites and lawyer blogs, posting this disclaimer prevents liabilities from falling onto you. 3. 01:30 AM. For example, if you have a disclaimer that states you are not liable for any issues a user may have when they click on a third-party link on your site and a user does end up having an issue, that disclaimer can protect you. However, notifying users of your copyright as soon as they access your site is also important. Promotions can help you attract more buyers, clear old stock, increase average order size, drive repeat purchases, and even lower shipping costs by bundling more items per order. I`m sure the plaintiff would lose because the seller only has to go by eBay policy. See a legal disclaimer example below from the National District Attorneys Association (NDAA) website. 10:42 AM Our generator is more in-depth and does as much work for you as possible. Just use our free disclaimer template to get started writing your own, or create custom disclaimers in minutes using our comprehensive Disclaimer Generator. Time to add a disclaimer to each listing - The eBay Community Small print bottom of listing The item may or may not be what is pictured The item may or may not be the size listed The item may or may not have Menu eBay eBay HelpSign In Community Seller News Announcements Seller Update Archive 2022 Fall Seller Update By way of example, including a disclaimer that warns customers that you don't guarantee the quality, effectiveness, or other attributes of the products you're selling can help ensure that you won't be held responsible if a manufacturer messes something up. Similar financial disclaimers are found on cryptocurrency websites. Where Should You Post Your Ecommerce Disclaimers? NOTE: I will ship figures and small items figures ,titanium loose ships, etc.. (all that fits in a 8"x5"x1.5" space) internationally using the new small rate priority BOX at a flat rate of add $1.00 per item up to about 8 in the box. Make sure your description contains a correct and accurate item condition. If it doesn't, it may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account. Sample Disclaimer Template. Even though legal disclaimers may seem intimidating at first, theyre usually very easy and fast to make and add to your website, especially if you use a template or generator. This means being upfront and honest about what products or services are being offered, and any potential risks involved. Sellers who aren't sure of the legality or authenticity of their items can't sell those items on eBay. This disclaimer will have three key parts: Your acknowledgement that you're using copyrighted material without the explicit or expressed permission of the owner Your belief that your use falls within the guidelines of Fair Use Cite the law - Title 17 Chapter 1, Section 107 - and add a link to it Below, weve put together a comprehensive guide explaining some of the most common disclaimers that you might need to protect your business, including: You can use a copyright disclaimer to protect original content on your website or app against user theft, explain that you own your website/app and everything on it, and show that there are legal repercussions for using your work without permission. As noted above, you are legally required to post disclaimers in some cases. These statements vary depending on the nature of your business but typically explain that a product or service is offered as is implying that the customer or user accepts it in its current condition, including any unseen faults. Examples: No need to say "payment require within X days" because ebay already lets you report non-paying buyers. If it is something to do with intenational can you not just opt put of any international sales and ship locally (USA) only ? One effective way to do this is to place a copyright notice in your sites footer. This largely depends on the kind of products they sell. I don't mention feedback, since it is not used by eBay to assess members, although members use it to assess others. ------------------------------------------------------------------------------------------------------------------------------. Name your template so youll remember the type of item it covers. You mention item being returned must not be switched / alterered - something a buyer may not have considered doing until seeing that. Post your disclaimers in your terms and conditions agreement or share them in your websites legal section; that way, your users can always easily find the information. Plus, being transparent about your affiliate relationships builds trust with your audience, leading to higher conversion rates and more sales. Payment can be made directly thru CC or other arranged terms. But, something to consider though is how many sales you're likely losing. That way, customers can access your disclaimers from every page on your website. You can dictate terms on your own website but you can't supersede the terms eBay has implemented on their site. 04-24-2014 For example- Russia yesterday- he made an offer on a comic set- 15 oz package 1st class is the option - i declined is offer stating it has to be shipped to your counrty Priority mail - so he goes ahead an buys - NOT READING NOTE I SENT HIM - I then told him we have to ship to be in compliance with ebay policy- SO thats Priority mail and $39 00 insetead of $17, He is **bleep** . Digital communication offers more opportunities for confidential information to be exposed or intercepted. Vast majority of customers don't care how much it's costing a seller to run their shop nor how items are packed. Preview or Save the template. As noted above these types of disclaimers are similar to warranty disclaimers in that they both typically use all caps font and legalese. Consider adding a similarly phrased disclaimer on your website or app to prevent your company from being held responsible for things your users may post or share online. As soon as a work is created and becomes reproducible, copyright protection automatically applies to it. I ship over 50% internationally. All bins and bids are invitation of offer only - you're not legally obligated to honor a sale. Used with cosmetic damage to case. Anyone can sue anyone for any reason. we should be able to edit our shipping options better. To protect your business from copyright infringement claims, follow these steps: Below, check out an example of a fair-use copyright disclaimer from a YouTube video that meets these requirements. Comply with the law with our agreements, policies, tools and cookie consent banners. There are many types of disclaimers that address liabilities for different industries, activities, and content, and the most common types of disclaimers are: Disclaimers reinforce your companys legal defenses by specifically addressing certain liabilities that arent explained in your other policies. Most consumers appreciate it when a business is transparent in its dealings with them. Many Terms and Conditions agreements contain disclaimers. Banner disclaimers are less intrusive, but they can be easy to miss if they are not placed in a prominent location. An item isn't received, or it isn't as described in the listing.