All information, software, services, and comments provided on the site are for informational and self-help purposes only and are not intended to be a substitute for professional legal advice. 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. Any Duties or tarrifs are responsibility of buyer and will not be refunded, along with shipping for returns. It's very flexible by not charge their clients for more than what they have used or some of the non-refundable items such as domain names. See a legal disclaimer example below from the National District Attorneys Association (NDAA) website. The purpose of an eBay item description is not only to sell the item, but also to sell yourself as a seller. This includes if you: All in all, there arent many websites that shouldnt use a disclaimer. That could include but not be limited to the risks of damage to their computer, software, data, or other personal property, as well as the risks of viruses, worms, Trojan horses, spyware, adware, and other harmful or disruptive code. the Terms and Conditions agreement, Privacy Policy, as seen above. TermsFeed uses cookies to provide necessary website functionality, improve your experience and analyze our traffic. While disclaimers cant prevent someone from suing you or trying to take you to court, they act almost like a shield protecting your business from being held responsible for certain damages or harm users may experience while accessing your services. In addition, sellers can't disclaim authenticity of their item by stating, for example: "I cannot guarantee the authenticity of this item, so please bid accordingly. For example, CoinDesks terms and conditions includes the following investment disclaimer clause: Although CoinDesk provides information about investing in digital assets, its disclaimer says no advice or information on the site guarantees any warranty of any kind. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. After all the buyer chooses the service. During most disputes, eBay will side with the buyer as their goal is to create a buyer-friendly environment. 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. At Step 2, add in information about your website/app and business. 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. All Shipping Prices are subject to revision due to Final destination and shipping price or fee increases. I guarantee there will be drama. Level 1. Another option to consider, at least for the lower priced items, is to ship 1st class and hope for the best. For instance, this disclaimer may state that the user accepts all risks associated with using the website. If you have specific detail questions please ask before purchase===As always, please request an invoice before payment, particularly when you are combining items for shipment order==========:Checkout instructionsPayment due in 7 days, and if it is not received in 7 days void your right to mdse. If you post content on YouTube, you can add the appropriate YouTube disclaimers to the description of your video, like a copyright, no responsibility, music, or fair use disclaimer to limit what you can be held liable for doing, using, or showing in your content. I also clean of each game cartridge and case individually before sending them out removing as much dirt, stickers, and markings as I can. Here's the affiliate disclaimer example from BloggersPassion; 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. Below, is an example from the Federal Communications Commission (FCC) podcast disclaimer. Your Shipping Policy should inform your customers (or potential customers) about the following: Is There a Difference Between Disclaimers and Privacy Policies or Terms and Conditions Agreements? Investment disclaimers are just one industry example of how you can protect your specific business interests. Here are some of the disclaimers most commonly used in online shops, that your own shop may benefit from. Mattel collaborated with the National Down Syndrome Society to . She has been a Data Protection Officer for the past six years, helping small and medium-sized enterprises achieve legal compliance. Changing carrier and/or adding shipping surcharges after purchase seems ill advised. You can create up to 50 different templates. Our generator is more in-depth and does as much work for you as possible. 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. If you allow contributors or users to share their opinions through forums or for marketing purposes, a views expressed disclaimer is a handy weapon in your legal arsenal. Facebook App. By using our website, you agree to our legal policies: INTNL: If you USE PAYPAL you must use a receipt confirmed mail service. If you are not the named addressee, you should not disseminate, distribute or copy this 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. The good news is we can help you start protecting your business better. Used, no manual. ) 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. Any terms you post will be subject to eBay's MBG and eBay's policies. 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 The key to staying within the eBay guidelines is to disclose any flaws in the description and the photos. 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. 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. Great disclaimers for ecommerce stores start off by including the common core of a disclaimer statement. If youre looking for more answers, here are some frequently asked questions we get about disclaimers. 04-25-2014 Done! Yes, but those disclaimers cannot contradict or alter eBay policy, and cannot contradict any other part of your listing. The best way to ensure the average person easily reads your disclaimers is to avoid legal jargon and write with words people use every day. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. If you dont have a disclaimer, youre potentially leaving your business vulnerable to legal trouble. print at the bottom of all your listings: Traditional APIs: Orders, resolutions and feedback, eBay APIs: Talk to your fellow developers, RESTful Sell APIs: Account, Inventory, Catalog and Compliance, RESTful Sell APIs: Marketing, Analytics, Metadata, Post Order APIs - Inquiry, Case Management, UPDATED: Seller protections are in place across the country, Seller Protections are in place for the Southeast and other regions, Were testing a simplified mobile listing experience for collectible sneakers, How I Built An eBay Business With Eddie Chung, Seller Protections are in place for those impacted by winter weather, eBay Motors announces the eBay Guaranteed Fit Program, Seller Protections for the South and Central US, 7 Questions with Stephanie Garcia of MamaBreaks, Seller Protections for shipping delays due to winter storms and flooding, 7 Questions with Gerron Moore of Big Dreams, IRS announces delay in new $600 1099-K tax reporting threshold, Seller Protections are in place for sellers impacted by Winter Storm Elliott, 7 Questions with Camilla and Khang of TheFIResellers, USPS decreased rates for Priority Mail labels effective December 9, 2022, In Celebration of Sellers and Small Business, URGENTjoin our grassroots campaign to raise the new IRS tax reporting threshold. By purchasing and choosing a non confirmation service (first class mail) you agree to these terms. Use of this site is subject to our Terms of Use. Plus, being transparent about your affiliate relationships builds trust with your audience, leading to higher conversion rates and more sales. 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. Can a Seller post a Terms of Sale and a Disclaimer with a item listing? Weather, mishandling, or holidays can affect shipping times.". It's important to ensure that your disclaimers are written in clear, simple language that anybody can understand. The FCCs disclaimer clearly explains to users that the podcast exists to offer guidance, not to provide a strict interpretation of FCC policy. 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. To present its fair use guidelines, YouTube includes a link to a copyright resource in its website footer, as shown below. A dialog will open as you type your search terms. Copyright 2012 - 2023 TermsFeed. 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? If eBay wants to defect the hell out of me for offering good customer service they can go ahead and do it. While there are some similarities between these documents, key differences make disclaimers an essential addition to your site. PlayStation PlayStation has a very straight forward and short refund policy with just a couple of conditions that are typical for digital service providers. Sellers may not disclaim knowledge of, or responsibility for, the authenticity or legality of the items they offer in their listings. A typical shipping disclaimer would state something like, "Shipping times are estimated and not guaranteed. 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. The Best Online Disclaimer Maker. Home; About. I have to cancel sale - GUESS what ALL MY DEFECTS are FROM CANCELLED SALES INTERNATIONALLY and now im wal los for GLOBAL STANDARDS- why is this fair ? Just wipe all that text. Of course, disclaimers cannot completely protect you from all liability, but they can help to limit your exposure. 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. It's a way for the site owners to protect themselves from liability in case someone uses the information on the site and then suffers financial losses. Here's how the Licensed Mental Health Counselor website does this: This can also work well for ecommerce mobile apps. Below, see an example from our warranty disclaimer template. It can also be used to inform your users that accessing your website does not mean they get any attorney-client privileges. Similar financial disclaimers are found on cryptocurrency websites. 07-13-2021 In their guidelines, YouTube includes a copyright and fair use disclaimer explaining that it receives many takedown requests under copyright law and strives to protect creators, as shown in the highlighted text below. Standard disclaimer text like this can help meet HIPAAs list of precautions for emails. Auto-suggest helps you quickly narrow down your search results by suggesting possible matches as you type. Sometimes buyers want an item for parts, to repurpose, to up-cycle, orthey don't care about defects or damage. Sellers can offer an exchange or replacement item as part of their return policy. Go to Listing templates in Seller Hub and select Create new template. Members may be able to find out if an item is authentic by contacting the manufacturer or trademark owner directly. These are useful for: See the easy-to-understand medical disclaimer that St. Jude Childrens Research Hospital includes on their website, stating that they are not a replacement for seeing a doctor: Similarly, if you give advice or recommendations on your site that could lead to potential health risks, you might consider using a health disclaimer, especially if you run a: Below, see how fitness and lifestyle blog Jenny J Fitness uses a health disclaimer to deny responsibility on their website. 01:30 AM. Usage: If you wanted to access variables in the call stack, particularly on user exits or . 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. In some instances, a disclaimer can protect you legally from liability claims. This disclaimer helps properly set your users expectations and reminds them that customer reviews and testimonials are not indicative of every persons experience. Here's an example of how you can note that something is confidential, from Formax: This is a disclaimer that essentially states that you can't guarantee that orders will always arrive on time, and from time to time, there may be delays in shipping. Make sure your description contains a correct and accurate item condition. You can continue to reach out to the relevant customer service teams on the respective eBay site of your listing or transaction, as may be applicable to the nature of your query. This disclaimer states that the review or testimonial represents one persons experiences and transparently informs others if the poster was paid or compensated for their time and opinion. 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. we should be able to edit our shipping options better. Copyright 1995-2023 eBay Inc. All Rights Reserved. Even if no law demands you post other types of disclaimers, there are good reasons to do so. Promotions Manager provides eBay Store subscribers with an easy way to set up special offers on eBay. Its critical to limit your businesss liability for all aspects of your operations even for small things like linking to other websites. It is better to classify an item as "good preowned condition," even if it is like new. If you request immediate shipping contact me. Email hosting company Zoho offers a sample disclaimer to include in an email signature: This message contains confidential information and is intended only for the individual named. This standard disclaimer wording allows you to avoid responsibility for any mistakes, errors, or omissions that occur. They also help ensure that you give buyers consistent information across all your listings. Banner disclaimers are less intrusive, but they can be easy to miss if they are not placed in a prominent location. But I doubt they will do anything- just punish us more, it used to be fun having a store was fun, isitng cost 2 cents if you had a store- and they took 6% FVF. they allow you to exclude countries but not include them. This means being upfront and honest about what products or services are being offered, and any potential risks involved. 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. Whatever method you choose, be mindful of how these clauses are written because you want as many of your users as possible to be able to read and understand them. Sample of Notice: HPS_Final_Member_letter_proof_Redacted_31968262v1.pdf. By purchasing you agree waive use of paypal's item not received Claims service. 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. The eBay mobile app makes iteasy to create, edit, and monitor your listings. If your ecommerce store already has a Terms and Conditions agreement and a Privacy Policy, you may wonder if you also need disclaimers. If you intend to sell on one or more of eBay's international sites, you will need to accept, and we encourage you to carefully review, the User Agreement, policies, and other requirements of that site. However, it's crucial to note that you can't use them to protect your business if you engage in dishonest behavior. A disclaimer is a notice that appears on a blog, website, document, or product to provide a warning to your users and to limit your liability when it comes to specific aspects of your business. In the screenshot below, see how the copyright notice looks on Instagrams homepage: Putting this information in the footer of your website helps you prove that your users were aware of your intellectual property rights as soon as they accessed your site. For example, a company's disclaimer statement may state that they cannot be held responsible if their products or services are used without following instructions in the owner's manual. Confidentiality disclaimers are commonly used in law, education, and healthcare industries that rely on the transfer of sensitive information. I do not consider the transaction to be over until I receive feedback from the buyer confirming the item got there okay and they are satisfied. 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. 04-24-2014 From the Actions dropdown you can also edit, delete, and copy your template. This type of disclaimer is widespread in industries where confidentiality is important, such as education, law, and healthcare. ------------------------------------------------------------------------------------------------------------------------------. The screenshot below shows a HIPPA email disclaimer sample from the University of Miami. The choices are: When selling a pre-owned item, always under-grade your item. Just follow these steps: At Step 1, select where your Disclaimer will be used. Some disclaimers appear as independent, stand-alone pages on your site. You could include a "use at your own risk" disclaimer that states that you are not responsible for any damages readers may cause to their homes due to purchasing tools or materials you sell or following your advice. -Some Items in my store contain stock photo of item. To be clear, what you're doing is working great for you, but likely leaving money on the table in the process with all that extraneous terms and conditions in your item description. This ensures that your customers have the opportunity to view them before they sign-up or proceed any further with using your site. I reserve the right to alter shipping method. Traditional APIs: Orders, resolutions and feedback, eBay APIs: Talk to your fellow developers, RESTful Sell APIs: Account, Inventory, Catalog and Compliance, RESTful Sell APIs: Marketing, Analytics, Metadata, Post Order APIs - Inquiry, Case Management, New!Create and share custom posts on Facebook, Instagram, Twitter, or Pinterest from your eBay Store, Get organized with the help of business policies, Seller Announcement: Promoted Listings AdvancedBETA now featuring more slots in search, Automatically keep your Promoted Listings Standard campaign competitive with eBays dynamic ad rate, Keep your listings and eBay Store up-to-date, Use the right tools to take your business further, A conversation with eBay General Manager for US Markets, Adam Ireland, Reminder: Spring Seller Check-In is tomorrow, Tune in to part two of our series on listing myths, Check out this weeks podcast episode and learn how to handle angry customers. As long as the seller discloses the flaw in both text and writing, and makes it obvious in the listing, eBay will side with the seller. I only have one item for sale.. people are nuts. To recap, there are many types of disclaimers, and you need to pick the ones that best suit your needs. Sellers should make sure that their items are authentic before listing them on eBay. But this doesn't mean sellers can't set their own policies as long as they are in alignment with eBay's Guarantee. And for those countries you feel very uncomfortable shipping anything to without using more expensive shipping options, just exclude them. Most eBay sales go smoothly, but if there's a problem with a purchase, the eBay Money Back Guarantee ensures that buyers receive the item they ordered or get their money back. You might also see a copyright disclaimer referred to as an intellectual property disclaimer. 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. 06:30 PM, suggestion.."punctuation is your friend". You can include a link to your disclaimers from your navigational menu so that your website visitors can easily find them. One of the most prominent places to put disclaimers for ecommerce stores is within your website's footer. The CPRA builds on the rights and responsibilities established under California has the strictest privacy laws in the United States. (Example: 'contact seller'). 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.