posted on March 16, 2003 01:08:17 PM new
I was just looking to buy an item on ebay when I found this auction. Buried in the description was a small text link called "buyers agreement" after clicking on it I was blown away. It is a very lengthy TOS. My favourite part is the additional $3.00 handling fee to return an accidental overpayment.
http://www.icser.com/html/buyer_s_agreement.html
posted on March 16, 2003 03:30:53 PM new
That's funny stuff. Here's my favorite part:
<i>Feedback on eBay.
Because we offer such considerations the customer must contact us as described in the "Contact and Communications" section of this agreement and give us an opportunity to satisfy your complaint before leaving any negative or damaging feedback's or ratings in any public forum. </i>
So, customers are prohibted from leaving feedback without contacting them first? I suppose they think eBay will be OK with this? I'd say this contract is worth as much as the paper it's printed on.
Doesn't eBay provide all ToS to be listed on the auction page anyways?
posted on March 17, 2003 02:37:15 PM new
Wow it is gone! I was going to point out the part that says they have the right to ship from wherever in the world to their Las Vegas outlet and then ship it to their customers from there. Could make for slow shipping.
posted on March 19, 2003 05:11:42 AM new"if you damage ICSER Inc. by leaving harmful or negative comments that are false or unsubstantiated in any public forum such as, but not limited to, "Feedback" or "Rating" of any Internet auction or on-line store;"
posted on March 21, 2003 05:04:46 PM new
IMHO, if your TOS reads like War and Peace, you are:
1) turning off honest buyers, who, generally, IMH(Experience) are trustworthy and do the right thing. I resent being treated like a potential criminal.
2) by putting out the "I dun trust no one" energy, you are thus attracting people who actually "need" such a TOS
and therefore: the buyers you attract will:
a) probably give you cause you to need to enforce "said TOS" (since you've turned the honest bidders off with your TOS)
b) probably are the type of people that if you were to sue them, are judgement proof (i.e. you win but can't collect in $$ -- not an asset or job to their name).
Put good vibes out - I tell all of my potential customers in my auctions "thank you - you're the best" before they even buy from me, I have a one sentence TOS, and by golly if I don't get paid, and quick, every time. Yes, every time in 300 plus auctions.
Negative Karma works, but Positive Karma does too.
