Enter an email address where you'd like to receive your Disclaimer and click "Generate.". Once they choose, they'll be taken to the "aisle"the browse pagewith those products. For websites and apps, warranty disclaimers state that the company makes no promises about the accuracy and reliability of the content it publishes. Can a Seller post a Terms of Sale and a Disclaimer with a item listing? Many Terms and Conditions agreements contain disclaimers. X number of sellers are history and you can believe they already know how many and how much they will save. Aron Hsiao began selling on eBay in 1998 and joined the site's Trust and Safety Department in 2003, helping to resolve buyer and seller conflicts and marketplace rules violations. To explain that sellers and service providers are not bound by any implied promises about their products in the event of failures or defects, add warranty disclaimers to your website or app. 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. No, you cannot copy someone elses disclaimer, as this is plagiarism, and the information will not apply to your business. Who We Are. In the screenshot below, see how Casey, owner of the food and lifestyle blog Get On My Plate, uses a conversational tone for her affiliate disclaimer and clearly states that she gets monetary compensation whenever anyone uses the links on her site. In most cases, you'll find this kind of disclaimer within an ecommerce store's Terms and Conditions agreement, such as this from DogFoodAdvisor: When you see a disclaimer that says "As Is" or "As Available," it means that the website or app is provided just as it is without any warranties of any kind. Weather, mishandling, or holidays can affect shipping times.". I welcome international customers in several languages. A testimonial disclaimer is important because it protects your business and builds trust with your users. Whatever you have in your Description or in your Terms of Sale, someone will be confused. For example, theyre useful in situations where a business needs to ensure attorney-client privilege, safeguard sensitive personal data, or protect private health records. I require $5.00 addtnl handling fee for RUSH same day as payment received shipping.INTL SHIPPING: IF YOU PAY BY PAYPAL YOU MUST USE A DEL CONFIRM SHIPPING SERVICE (Priority mail) To some countries First class mail in now trackable OR NOT USE PAYPAL- I WILL REJECT PAYMENT FROM CERTAIN COUNTRIES. Your Shipping Policy should inform your customers (or potential customers) about the following: 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. As noted above these types of disclaimers are similar to warranty disclaimers in that they both typically use all caps font and legalese. These disclaimers are especially important if your video: If your video features materials created by someone else, like movie clips, you should add a fair use disclaimer in the description. Some disclaimers appear as independent, stand-alone pages on your site. We try to at least recoup the actual cost of shipping as part of our handling fee. 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. Unfortunately, buyers get in a hurry. You might also see a copyright disclaimer referred to as an intellectual property disclaimer. Comply with the law with our agreements, policies, tools and cookie consent banners. Alternatively, you can quickly create a free disclaimer by answering a few simple questions using our Disclaimer Generator. 05:44 PM. There are easy options to repair this. 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. We recommend that you learn about eBay's selling policies before you list an item. Copyright is a form of protection offered by US law for original works of authorship, defined by the US Copyright Office as: independently created by a human author and possesses at least some minimal degree of creativity.. I`m sure the plaintiff would lose because the seller only has to go by eBay policy. 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. 01:30 AM. This disclaimer notice explains that Twitter will not be held responsible for the content its users choose to share, which may be offensive to others. 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. Just use our free disclaimer template to get started writing your own, or create custom disclaimers in minutes using our comprehensive Disclaimer Generator. Items shipped by USPS or UPS within 7 days and usually FRIDAYS unless special shipping required. 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. 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. Since I don't mention taxes for other nations, I feel I can kick any questions back to the customer's own government. To state that the views and opinions on your site or platform by contributors are not the same as those of the business, add a views expressed disclaimer to your website. 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. No guarantee disclaimers state that a business makes no promises regarding the outcome of using its product or service. See a legal disclaimer example below from the National District Attorneys Association (NDAA) website. These types of disclaimers are almost always similar in content, with all caps font and legalese, similar to the next disclaimer we'll look at. A financial disclaimer is basically just a statement that says the financial information on the site is only for informative purposes and shouldn't be construed as financial advice. Likewise with your payment terms. Add in the rest of your listing details. You can also relist itemsand provide tracking information on the go. 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. Longitude Capital writes its financial disclaimer like so: Disclaimer of Warranties disclaimers are important for any website, but especially for ecommerce sites. The US Equal Employment Commissions disclaimer is similar: Whatever type of website you operate, its valuable to include a no-guarantee disclaimer like the ones above to stop users from taking advantage for example, suing for errors. From the Actions dropdown you can also edit, delete, and copy your template. I explain that I do not charge Canadian taxes. 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. I have been reading this board in its various forms for 20 years, and I do not recall ever seeing a post from a seller stating they were sued by a buyer. they should put the liability for service on buyer and not on seller. This is EBAY/PAYPAL policy. It is better to classify an item as "good preowned condition," even if it is like new. Answer some questions about your business practices. You cannot use or forward any attachments in the email. Search Search. 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 Toggle navigation. View cart for details. 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. 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. 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. Here's an example from Dog Food Advisor, an Amazon affiliate ecommerce store: This type of disclaimer should be placed as close to the item for sale as possible so users know that by clicking your purchase link, you will make an affiliate income. That being said, I have nothing about Free Shipping, although most of my items use it. 06:30 PM, suggestion.."punctuation is your friend". All items are sold as collectibles some items may not be suitable for small childrenNOTE: NEW Ebay POLICY TERMS take near 20 % fees then add 5.5 for paypal - totaling over 20% of of your payment including the shipping fees you paid. She specializes More about the author, March 22, 2023Masha Komnenic CIPP/E, CIPM, CIPT, FIP, February 6, 2023Masha Komnenic CIPP/E, CIPM, CIPT, FIP, February 3, 2023Masha Komnenic CIPP/E, CIPM, CIPT, FIP, July 27, 2022Masha Komnenic CIPP/E, CIPM, CIPT, FIP, July 26, 2022Masha Komnenic CIPP/E, CIPM, CIPT, FIP, May 20, 2022Masha Komnenic CIPP/E, CIPM, CIPT, FIP. Copyright 1995-2023 eBay Inc. All Rights Reserved. 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. For instance, you may see a product disclaimer within your Return and Refund Policy and a third-party disclaimer in a Terms and Conditions agreement. Several California laws that require website operators to create a Privacy Policy. 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. The buyer made the purchase on eBay.com via checkout or an eBay invoice with one of the following payment methods: PayPal, PayPal Credit, Credit card or debit card. 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. which I assume is the issue. I have a few, but I try to make them friendly. This includes if you: All in all, there arent many websites that shouldnt use a disclaimer. Cracks, crazing Chips on breakable items like glass, ceramic, pottery, dishes But on January 1, 2023, the California Privacy Rights Act amendments to the CCPA (CPRA) take effect. Were here to help. All rights reserved. The answer is yes. Here's the affiliate disclaimer example from BloggersPassion; 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. 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. When running an ecommerce business, you want to be sure that your customers understand that you won't be held liable for the actions of third parties (such as your vendors). Otherwise, this could prevent you from achieving Ebay Top Rated Plus or could get you removed from the program. Changing carrier and/or adding shipping surcharges after purchase seems ill advised. These disclaimers are suitable for sites that deal with all types of investments, from mutual funds to real estate. In the screenshot below, see how St. Phillips College puts a social disclaimer on their website that clarifies that theyre not responsible for anything shared or posted by third-party sources. The CPRA builds on the rights and responsibilities established under California has the strictest privacy laws in the United States. 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. She has also been a privacy compliance mentor to many international business accelerators. Disclaimer: Legal information is not legal advice, 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. You can chat with other sellers about anything to do with running a business on eBay. Members may be able to find out if an item is authentic by contacting the manufacturer or trademark owner directly. they allow you to exclude countries but not include them. 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. Athleta 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. Grease pencil marks made by thrift stores, Chips on breakable items like glass, ceramic, pottery, dishes. You can post it but that doesn't make it binding nor enforceable. 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. Payment can be made directly thru CC or other arranged terms. By adding a disclaimer to your blog articles, you can reach people who may be attempting to learn more about your business or your product People will be here for information, so a disclaimer would be a fitting addition. Sellers can also charge a restocking feeup to 20% of the purchase price of the item. Copyright 2012 - 2023 TermsFeed. As noted above, you are legally required to post disclaimers in some cases. Most websites include accuracy disclaimers to warn visitors that there may be some inaccuracies or typos on the site. For instance, say you have an online store selling supplements to resolve problems such as erectile dysfunction or other sensitive issues. Below is an example statement from Stillwater Acupuncture clarifying that not everyone using their services has the same experience. You can also read information about trademarks. The purpose of an eBay item description is not only to sell the item, but also to sell yourself as a seller. But, something to consider though is how many sales you're likely losing. 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. 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. Used, no manual. ) This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. Promotions Manager provides eBay Store subscribers with an easy way to set up special offers on eBay. By posting a disclaimer at the point of sale, you can ensure that customers are aware of the risks associated with your products. Your businesss copyright claim can be detailed in your terms and conditions under an intellectual property rights clause, like how we do it in our agreement, shown below. Sellers who aren't sure of the legality or authenticity of their items can't sell those items on eBay. 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. Some prospective buyers upon seeing all of that will just backout and shop the next seller. For example, you're offering the choice of Priority, Parcel Select, and UPS on an item that would clearly ship best with Priority even if combined with other purchases. 07-13-2021 by Masha Komnenic CIPP/E, CIPM, CIPT, FIP. One of the best examples of this online comes from Wikipedias disclaimer: This disclaimer explains that although Wikipedia has a team of editors, it has no formal peer review and, therefore, cannot guarantee the validity of information contained on its site. Release your website or business of legal liability by generating a clear and comprehensive disclaimer. 04-24-2014 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. Before listing I thoroughly clean and test my products. For example, if you run a legal blog, a legal disclaimer will tell users that your content should not be taken as legal advice, and your site will not be held accountable for any legal actions the reader may take. To create a listing from your template: Go to Listing templates in Seller Hub. 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. If your listing has an eBay return policy, then you must accept returns for any reason (even "sorry my cat ordered it" or "I changed my mind"). Home; About. No-responsibility disclaimers address both tangible and intangible damages for example, physical harm caused by using a product, loss of profits or loss of data, and defamatory comments. I used BabelFish because I've been selling internationally for over 20 years. You'll be able to instantly access and download your new Disclaimer. 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. At Step 2, add in information about your website/app and business. They also help ensure that you give buyers consistent information across all your listings. Facebook App. Notice. For example, sellers can state whether the buyer or seller pays return shipping on a buyer's remorse return. You can usually find this type of disclaimer within the Terms and Conditions agreement. Rather than doing everything yourself, it provides you with the bulk of the information written by our legal team and data privacy experts. 10 Popular Disclaimer Examples to Inspire You The exact content and coverage of any given disclaimer will usually be 100% unique. In the next section, we summarize some of the most common disclaimers relevant to your business, so take note of the ones you might need. A disclaimer is a statement that specifies or places limits on a business or individual's legal liability. SHIPPING:Packages ship within 24 hours of payment being received.CONDITION NOTES:I try to take plenty of photos and provide detailed descriptions of my items so please review them before bidding on my items. You must send me authorization to mail item . 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. 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. 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). 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. 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. read the disclaimer. Let the buyer be pleasantly surprised rather than leave room for error. By using our website, you agree to our legal policies: However, both banner and popup disclaimers are effective ways to make sure that your visitors are aware of your legal disclaimers. 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. A dialog will open as you type your search terms. Payment can be made directly thru CC or other arranged terms. Our generator is more in-depth and does as much work for you as possible. Is Your Ecommerce Store Legally Protected by Disclaimers? ", "I'm no expert, so look at the pictures and decide for yourself if it's real.". If your website or app relies on content created by others, you can learn from YouTubes open and accessible approach to fair use to build trust with your users. Here's why you definitely should post disclaimers on your ecommerce store's website. 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. I'm sorry. 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. When you sign up to eBay you agree to their terms. Though based on your FB, it seems to be working well for you. I'm not registered to collect them anyway. If eBay wants to defect the hell out of me for offering good customer service they can go ahead and do it. In addition to product liability disclaimers, you may also want to post disclaimers relating to other risks, such as return disclaimers.
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