Longitude Capital writes its financial disclaimer like so: Disclaimer of Warranties disclaimers are important for any website, but especially for ecommerce sites. Still trying to figure out where to start? - edited This prevents users from taking legal action against your business because of a simple mistake. It explains in legal terms that the opinion of an author you publish is not the same as that of your company or organization. For more information, please visit our Verified Rights Owners (VeRO) Participant pages. 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. Sometimes buyers want an item for parts, to repurpose, to up-cycle, orthey don't care about defects or damage. Listings tools such as Auctiva will have built-in templates. We recommend that you learn about eBay's selling policies before you list an item. 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. 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. Is There a Difference Between Disclaimers and Privacy Policies or Terms and Conditions Agreements? 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. For instance, this disclaimer may state that the user accepts all risks associated with using the website. Toggle navigation. I guarantee there will be drama. Just wipe all that text. Masha is an Information Security and Data Privacy Specialist and a Certified Data Protection Officer. This includes if you: All in all, there arent many websites that shouldnt use a disclaimer. Select a Language Below / Seleccione el Idioma Abajo. If your business has a strong social media presence, post a relevant social media disclaimer covering topics like what is allowed to be shared on your website or app, how opinions shared by an employee do not reflect the companys beliefs, and any other relevant removal of liabilities. Many, many sellers are going to get the boot off ebay because they have no clue about the new defect system. 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. I recently posted an amp for sale and the first email I got was from a guy asking if I would combine shipping.. That way, customers can access your disclaimers from every page on your website. But I suspect buyer litigation is a very rare thing. If you send emails containing protected health information to US medical patients, a confidentiality disclaimer is required to comply with the Health Insurance Portability and Accountability Act (HIPAA). 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 Great disclaimers for ecommerce stores start off by including the common core of a disclaimer statement. Several California laws that require website operators to create a Privacy Policy. Below, is an example from the Federal Communications Commission (FCC) podcast disclaimer. Legal and data protection research writer at TermsFeed. Additionally, they should be tailored to the specific risks associated with your business's products or services. Any Duties or tarrifs are responsibility of buyer and will not be refunded, along with shipping for returns. When you sign up to eBay you agree to their terms. If eBay wants to defect the hell out of me for offering good customer service they can go ahead and do it. Yes, you need a disclaimer to protect your website against legal liabilities. Disclaimer: Legal information is not legal advice, However, it's a best practice to include some types of disclaimers even if the law does not demand them. She has been a Data Protection Officer for the past six years, helping small and medium-sized enterprises achieve legal compliance. 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. 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. A disclaimer statement lets your website or app users know that youve limited what you can be held responsible for in certain situations they should be aware of. 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. At Step 2, add in information about your website/app and business. You can usually find this type of disclaimer within the Terms and Conditions agreement. It becomes a sale when the seller has knowingly accepted (just because buyer sent funds doesn't mean it's automatically accepted) payment and shipped the item. 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. Used with cosmetic damage to case. If a seller cannot verify the authenticity of an item, it can't be listed on eBay. 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 If youre ready to download and customize a disclaimer, check out ourdisclaimer templateor let us do the work for you with ourfree disclaimer generator. But, something to consider though is how many sales you're likely losing. Wow how things changed. Facebook App. 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. 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. 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. It is your job as the seller to accurately describe items with text and photos. Sellers are here under an agreement as a privilege. Another option to consider, at least for the lower priced items, is to ship 1st class and hope for the best. All you need to do is customize the disclaimer to match the needs and details of your business. Investment disclaimers are just one industry example of how you can protect your specific business interests. The eBay mobile app makes iteasy to create, edit, and monitor your listings. 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. By doing this, you will have a stronger case if a dispute goes to court. 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"). Strong Warning: This is highly inadvisable. Our software is built to create any kind of disclaimer or disclosure you need for your: Mobile App. If you allow users to share reviews about your services, post a testimonial disclaimer on your website to let people know that another persons review does not guarantee that every experience using your services will be the same. I use a JFJ Easy Pro Plus when resurfacing which leaves no funky patterns on the disc. As previously mentioned, disclaimers can help protect your business from liability claims. This sample disclaimer clause allows you to lay claim to your sites creative assets. I confirm that I will combine and discount shipping on multiple purchases. I'm not registered to collect them anyway. For example: The benefit of all disclaimers, no matter the industry, is to safeguard your business interests. Buyers can use the eBay Money Back Guarantee when: Purchases are covered by the eBay Money Back Guarantee when all of the following are true: It is perfectly fine to sell imperfect items on eBay. A dialog will open as you type your search terms. PlayStation PlayStation has a very straight forward and short refund policy with just a couple of conditions that are typical for digital service providers. Whether you run an ecommerce site, blog, app, or general website, you need a disclaimer or multiple disclaimers to be transparent with users and protect yourself against legal claims. Sample Disclaimer Template. the Terms and Conditions agreement, Privacy Policy, as seen above. only some countries have 1st t class tracking. ", "I'm no expert, so look at the pictures and decide for yourself if it's real.". An endorsement is when someone basically gives their approval, support, or recommendation for something. Less is more. This disclaimer lets your users know if youre being compensated by the companies whose products you mention on your website or app, and it must appear on every page that includes a sponsorship, endorsement, or affiliate link. 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. Honestly, if a seller is putting up their own terms of sale, its best to avoid them. 07-13-2021 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. 05:41 PM If a buyer files a dispute that an item is not as described, and the seller has disclosed the flaw, eBay will side with the seller. This type of disclaimer is vital if your site allows contributions from others or provides a platform for users and guests to leave comments. 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. While there are some similarities between these documents, key differences make disclaimers an essential addition to your site. 01:28 AM 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. 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. If it is something to do with intenational can you not just opt put of any international sales and ship locally (USA) only ? A disclaimer is a statement that specifies or places limits on a business or individual's legal liability. From the Actions dropdown you can also edit, delete, and copy your template. How to Avoid Problem Buyers and Bad Situations on eBay, The Do's and Don'ts of Selling Defective Items on eBay, 4 Reasons to Avoid Selling Luxury Handbags on eBay, How eBay's Buyer Protection Program Works, Increase eBay Sales by Offering Stellar Customer Service, How to Handle eBay Return and Refund Requests. 13 BEST Affiliate Link Disclosure Examples 2023: Amazon Disclaimers 13 Best Affiliate Link Disclosure Examples: FTC And Amazon Associates Disclaimer By Colin Linnett Last updated: February 21, 2023 When you buy something through one of the links on our site, we may earn an affiliate commission. The key to staying within the eBay guidelines is to disclose any flaws in the description and the photos. 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). 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. 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. INTNL: If you USE PAYPAL you must use a receipt confirmed mail service. You can also relist itemsand provide tracking information on the go. 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 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. No matter how professional your services are, you should not be responsible for how your users act upon them. Use of this site is subject to our Terms of Use. 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. eBay is not a party to contracts for sale between third-party sellers and buyers, nor is eBay a traditional auctioneer. 04-25-2014 Yes, but those disclaimers cannot contradict or alter eBay policy, and cannot contradict any other part of your listing. 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. that goes in the Description. Copyright 1995-2023 eBay Inc. All Rights Reserved. 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. Most websites include accuracy disclaimers to warn visitors that there may be some inaccuracies or typos on the site. Used, no manual. ) Nothing could help the dinasoars either. If you are unsatisfied with your purchase please contact me before leaving neutral or negative feedback. Notice. they should put the liability for service on buyer and not on seller. Are You Legally Required to Post Disclaimers on Your Ecommerce Store? Just follow these steps: At Step 1, select where your Disclaimer will be used. This can help foster a more positive relationship with everyone you do business with. This policy helps protect buyers from purchasing illegal merchandise and helps intellectual property rights owners protect their rights. This article is not a substitute for professional legal advice. -Some Items in my store contain stock photo of item. I like it, but I dont think it will help. - edited 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. This largely depends on the kind of products they sell. Preview or Save the template. 07-13-2021 By purchasing you agree waive use of paypal's item not received Claims service. By including a disclaimer, you are telling your readers that you are not responsible for the content and that they should use their judgment to determine whether it is accurate or reliable. If California-based users are accessing your website, then you should have an existing Privacy Policy that complies with the California Consumer Privacy Act (CCPA). 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. . Instead, use a free disclaimer template or a generator to customize your own. Consider simplifying some of the process. 3. 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. 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. 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. If you dont have a disclaimer, youre potentially leaving your business vulnerable to legal trouble. 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. Name your template so you'll remember the type of item it covers. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. 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. 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. A seller can put whatever they like, however it will not override eBay money back guarantee. Below, see a YouTube video disclaimer example from The Cosmic Wonder. Everything you need is included. We would like to show you a description here but the site won't allow us. Why sell anything that makes you think you're likely to be sued, that necessitates disclaimers, that requires the creation of TOS that may not align with eBay's, etc.? 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. Weather, mishandling, or holidays can affect shipping times.". 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. You must send me authorization to mail item . A testimonial disclaimer is important because it protects your business and builds trust with your users. If you request immediate shipping contact me. All Shipping Prices are subject to revision due to Final destination and shipping price or fee increases. It is often referred to as buyer's remorse. Anyone can sue anyone for any reason. The Information Commissioners Office (ICO), which enforces global privacy laws such as the General Data Protection Regulation (GDPR) in the UK, also has a disclaimer on its site, shown below. I urge all to call EBAY To COMPLAIN about this today .. 06:30 PM, suggestion.."punctuation is your friend". I think its a paradox because the people you intend the disclaimer to be read by arent the kind of people that would read the disclaimer. They can also help protect you from claims of false advertising. 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. Plus, being transparent about your affiliate relationships builds trust with your audience, leading to higher conversion rates and more sales. It's also against eBay policy. If you are not the named addressee, you should not disseminate, distribute or copy this email. And your return policy text, while well intentioned, potentially plants bad ideas in some people's minds. 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. Our disclaimer templates are designed to offer legal protection for websites in the US and Canada, as well as those globally from the UK, all the way to Australia and South Africa. For more information relevant to blog owners and social media influencers, check out our blog disclaimers guide. Name your template so youll remember the type of item it covers. Please contact me before initiating a return.FEEDBACK:I do not leave feedback until the end of a transaction. Limiting returns to damaged items, invites returns of damaged items. Below, see Citigroups terms and conditions for a good example: The clause above clearly states that Citibank will not be responsible for the consequences of using its investment products, such as losses associated with the risks of investing. Items shipped by USPS or UPS within 7 days and usually FRIDAYS unless special shipping required. Most sellers require buyers to pay return shipping. 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. Access any variable in SAP ABAP. There is only so much sellers can do - we can't force the buyer to read or look at pictures. This image provided by Mattel, Inc., Tuesday, April 25, 2023, shows its first Barbie doll representing a person with Down syndrome. Some disclaimers appear as independent, stand-alone pages on your site. As noted above these types of disclaimers are similar to warranty disclaimers in that they both typically use all caps font and legalese. 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? However, both banner and popup disclaimers are effective ways to make sure that your visitors are aware of your legal disclaimers. Welcome to the Selling board! Where Should You Post Your Ecommerce Disclaimers? Take your time when describing and photographing your eBay items. Level 1. 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** . Similar financial disclaimers are found on cryptocurrency websites. We know it's a privilege as it can be revoked at their discretion. confirmation. An investment disclaimer also explains that past performance is not an indicator of future results. 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. Payment can be made directly thru CC or other arranged terms. 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