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. Home; About. 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. Whatever you have in your Description or in your Terms of Sale, someone will be confused. Below is an example statement from Stillwater Acupuncture clarifying that not everyone using their services has the same experience. The item will be the color in the pictureThe item should arrive un-damagedif it arrives damaged in shipping ,return for full creditSeller assumes all responsibility for this item and agrees that the item is as described. Many ecommerce businesses like to include disclaimers in their advertising and on their websites. 05:41 PM 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 Under the principle of fair use, copyrighted works can be used in certain circumstances without the permission of the copyright owner. Answer some questions about your business practices. 04-24-2014 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. Another example might be disclaiming responsibility for user-generated content on your website, such as comments and reviews. Sure there could be losses, but how much is that tracking really protecting you verses potential lost sales, dealing with cancellations, buyers who do follow-through upset about shipping costs, etc. 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. By posting a disclaimer at the point of sale, you can ensure that customers are aware of the risks associated with your products. Banner disclaimers are less intrusive, but they can be easy to miss if they are not placed in a prominent location. And remember that as a new seller you're going to have selling limits, so you won't be making those scads any time soon. Heres a screenshot of a good example from Tumblrs terms of service: The disclaimer tells users that the service is provided on an as is and as available basis and that by using it, visitors accept that it may contain defects or not meet their expectations. I reserve the right to alter shipping method. (Example: 'contact seller'). For instance, say you have an online store selling supplements to resolve problems such as erectile dysfunction or other sensitive issues. This sample disclaimer clause allows you to lay claim to your sites creative assets. It's important to ensure that your disclaimers are written in clear, simple language that anybody can understand. Sometimes buyers want an item for parts, to repurpose, to up-cycle, orthey don't care about defects or damage. ", "I'm no expert, so look at the pictures and decide for yourself if it's real.". Lets go over each of these benefits in a little more detail. Copyright 1995-2023 eBay Inc. All Rights Reserved. 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. Medical, fitness and/or health content and products. Another option to consider, at least for the lower priced items, is to ship 1st class and hope for the best. 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. Even though disclaimer statements do not necessarily prevent users from taking legal action against you, its an easy and inexpensive way to limit what your company can and cant be held liable for in a court of law. The FCCs disclaimer clearly explains to users that the podcast exists to offer guidance, not to provide a strict interpretation of FCC policy. 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. All Shipping Prices are subject to revision due to Final destination and shipping price or fee increases. I used BabelFish because I've been selling internationally for over 20 years. Just wipe all that text. 10:42 AM We know it's a privilege as it can be revoked at their discretion. Just follow these steps: At Step 1, select where your Disclaimer will be used. Here's how Au Naturale Nutrition includes a summary of its disclaimer in its website footer, while also linking to the full disclaimer in the footer: You'll typically see these sorts of links placed alongside links to other legal documents such as 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"). Something went wrong. 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. Welcome to the Selling board! 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. ------------------------------------------------------------------------------------------------------------------------------. Less is more. The Best Online Disclaimer Maker. Even eBay offers you the use of their templates, at an additional cost though. They also help ensure that you give buyers consistent information across all your listings. Used with cosmetic damage to case. 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. Blog. the Terms and Conditions agreement, Privacy Policy, as seen above. 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. The good news is we can help you start protecting your business better. Any items or combined items over 4 lbs shipped internationally MUST go priority I will only ship items with values of $50 and above priority only unless terms are agreed to and confirmed by email. Payment can be made directly thru CC or other arranged terms. You must send me authorization to mail item . Athleta 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. You can save time and money by downloading and customizing disclaimer templates and adding them to your website or app. Nothing could help the dinasoars either. I also clean of each game cartridge and case individually before sending them out removing as much dirt, stickers, and markings as I can. 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. Sellers who aren't sure of the legality or authenticity of their items can't sell those items on eBay. No, you cannot copy someone elses disclaimer, as this is plagiarism, and the information will not apply to your business. If you want to explain to users that your business will not be held responsible for any damages they suffer as a result of using your products or services, put a no-responsibility disclaimer on your site. That's especially true if the website also has a blog that discusses economic issues. We try to at least recoup the actual cost of shipping as part of our handling fee. As noted above these types of disclaimers are similar to warranty disclaimers in that they both typically use all caps font and legalese. We recommend that you learn about eBay's selling policies before you list an item. Regardless of the types of disclaimers you use, they must be prominently displayed and must be clear and concise to be effective. Buyer assumes all responsibility and by purchasing this item agrees that the item is as described. 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. For more information relevant to blog owners and social media influencers, check out our blog disclaimers guide. 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. 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. Items shipped by USPS or UPS within 7 days and usually FRIDAYS unless special shipping required. I`m sure the plaintiff would lose because the seller only has to go by eBay policy. 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. Disclaimer: The examples below are just simple representations and not actual codes in the system. My updated notes at the bottom of each listing. It can also be used to inform your users that accessing your website does not mean they get any attorney-client privileges. I resurface discs if necessary and clean the contacts on all cartridge based games before they go out. It is better to classify an item as "good preowned condition," even if it is like new. Copyright 1995-2023 eBay Inc. All Rights Reserved. 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. Longitude Capital writes its financial disclaimer like so: Disclaimer of Warranties disclaimers are important for any website, but especially for ecommerce sites. 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. PlayStation PlayStation has a very straight forward and short refund policy with just a couple of conditions that are typical for digital service providers. 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. A copy of this disclaimer can also be found on our Disclaimer page. Typically, endorsements are paid for by companies, or some sort of incentive is offered. I like it, but I dont think it will help. In that case, you would want to use a disclaimer that clarifies the views expressed by the author of the guest post are theirs and not your organization's. In addition to product liability disclaimers, you may also want to post disclaimers relating to other risks, such as return disclaimers. 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. 04-24-2014 X number of sellers are history and you can believe they already know how many and how much they will save. 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 ? ", "Looks like this could be a Louis Vuitton bag", "I believe this is painted by Degas, but I can't be sure. You can create up to 50 different templates. Any Duties or tarrifs are responsibility of buyer and will not be refunded, along with shipping for returns. All shipping includes handling fees, (Ebay takes near 20% of the sale and now of shipping in FVF/fees) thank you. 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. Strong Warning: This is highly inadvisable. Terms of sale:All payments due in 7 days payments not received in 7 days void all rights to mdse. All rights reserved. This type of disclaimer is widespread in industries where confidentiality is important, such as education, law, and healthcare. 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. which I assume is the issue. From the Actions dropdown you can also edit, delete, and copy your template. By doing this, you will have a stronger case if a dispute goes to court. And for those countries you feel very uncomfortable shipping anything to without using more expensive shipping options, just exclude them. February 6, 2023 Generate a Free Custom Disclaimer Original work copyright disclaimer: This disclaimer can be used on blogs, websites, images, videos, music, and even social media to establish your ownership over original content. Disclaimer: Legal information is not legal advice, 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. 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. Yes, you need a disclaimer to protect your website against legal liabilities. The item was paid for in a single payment (including payments with PayPal Credit). You can create up to 50 different templates. You can dictate terms on your own website but you can't supersede the terms eBay has implemented on their site. Though based on your FB, it seems to be working well for you. For instance, this disclaimer may state that the user accepts all risks associated with using the website. 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. Wow, that's a lot of terms. Replicas, counterfeit items, and unauthorized copies policy, Enter your Help search terms here. Likewise with your payment terms. 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. She has also been a privacy compliance mentor to many international business accelerators. You mention item being returned must not be switched / alterered - something a buyer may not have considered doing until seeing that. Sellers can offer an exchange or replacement item as part of their return policy. That doesn't mean the case has merit. However, both banner and popup disclaimers are effective ways to make sure that your visitors are aware of your legal disclaimers. Digital communication offers more opportunities for confidential information to be exposed or intercepted. Use of this site is subject to our Terms of Use. Their business is not yours, and there may be small details that apply to them and not to you. It's also against eBay policy. View cart for details. This prevents users from taking legal action against your business because of a simple mistake. Our Disclaimer Generator can generate a legal disclaimer for your business, website or mobile app. While there are some similarities between these documents, key differences make disclaimers an essential addition to your site. Additionally, they should be tailored to the specific risks associated with your business's products or services. Once the foundation is covered, you can customize the disclaimer to protect your business's specific needs. Still trying to figure out where to start? 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. 01:30 AM. 07-13-2021 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. Take your time when describing and photographing your eBay items. 3. they should put the liability for service on buyer and not on seller. This disclaimer helps properly set your users expectations and reminds them that customer reviews and testimonials are not indicative of every persons experience. 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. If a seller cannot verify the authenticity of an item, it can't be listed on eBay. A dialog will open as you type your search terms. 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 Answer some questions about your business practices. Sure, there has been a Judge Judy case or two. - edited But this doesn't mean sellers can't set their own policies as long as they are in alignment with eBay's Guarantee. To create a listing from your template: Go to Listing templates in Seller Hub. The purpose of an eBay item description is not only to sell the item, but also to sell yourself as a seller. All sites and apps are subject to unforeseen technical issues, and warranty disclaimers limit your liability for problems outside of your control, such as viruses or general downtime. To recap, there are many types of disclaimers, and you need to pick the ones that best suit your needs. 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.. You cannot use or forward any attachments in the email. For example: 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"). confirmation. Standard disclaimer text like this can help meet HIPAAs list of precautions for emails. Sample of Notice: HPS_Final_Member_letter_proof_Redacted_31968262v1.pdf. 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. Instead, use a free disclaimer template or a generator to customize your own. What are Disclaimers for Ecommerce Stores? If youre ready to download and customize a disclaimer, check out ourdisclaimer templateor let us do the work for you with ourfree disclaimer generator. 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. eBay is not a party to contracts for sale between third-party sellers and buyers, nor is eBay a traditional auctioneer. they allow you to exclude countries but not include them. Otherwise, this could prevent you from achieving Ebay Top Rated Plus or could get you removed from the program. You can include a link to your disclaimers from your navigational menu so that your website visitors can easily find them. There's no way that will work. Used, no manual. ) 04-24-2014 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. You can write your disclaimers entirely from scratch or save time by using free customizable templates or disclaimer generators. 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 missing parts, The item may or may not be the color you think it is, The item may or may not arrive damaged from shipping. Level 1. - edited 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. INTNL: If you USE PAYPAL you must use a receipt confirmed mail service. 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. Honestly, if a seller is putting up their own terms of sale, its best to avoid them. All you need to do is customize the disclaimer to match the needs and details of your business. In a turbulent industry such as crypto, its important for a company to fully disclaim all responsibility for decisions its users make. 10 Popular Disclaimer Examples to Inspire You The exact content and coverage of any given disclaimer will usually be 100% unique. You can usually find this type of disclaimer within the Terms and Conditions agreement. She has been a Data Protection Officer for the past six years, helping small and medium-sized enterprises achieve legal compliance. When you sign up to eBay you agree to their terms. And your return policy text, while well intentioned, potentially plants bad ideas in some people's minds. As a result, your visitors will have a hard time claiming that they didn't see a disclaimer if you put it in a pop-up notice. With listing templates you no longer have to start from scratch every time you list an item. 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. If youre looking for more answers, here are some frequently asked questions we get about disclaimers. 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. - edited First of all, don't copy someone else's disclaimer. Is Your Ecommerce Store Legally Protected by Disclaimers? Anyone can sue anyone for any reason. Describe the item with textas if there are no photos, and take photos as if there is no description. 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 When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. Where can I read this new policy your speaking of ? Members may be able to find out if an item is authentic by contacting the manufacturer or trademark owner directly.

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