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General Business Discussions This is a general purpose forum open to business related topics concerning Reptiles and Amphibians that are neither appropriate for the Board of Inquiry, nor sales, purchase, or trade solicitations.

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Old 05-13-2011, 04:58 PM   #1
lauraleellbp
New hobby business- feedback on TOS?

I'm in the process of putting together my very first little business endeavor, Geckos in Tails. I'd appreciate any constructive criticism from ya'll vastly more experienced businessmen and women out there. It's going to be quite some time (a year or more?) before I have anything actually for sale, but I'm trying to get as many ducks in a row as possible up front, to make sure I know as much as I can about what I'm getting into... LOL

http://www.geckosintails.com/terms-of-service.html

I'm very new at this, so please be gentle!
 
Old 05-13-2011, 05:27 PM   #2
rcarichter
I love abusive language clause.
 
Old 05-13-2011, 05:53 PM   #3
Dennis Hultman
As a seller I would think it was a decent TOS.

Now here comes some constructive criticism. Buyers are the ones you will be searching your TOS. The word forfeit or forfeiture is mentioned maybe six, seven times. That may leave several impressions that might not do you any favors.

TOS are used to protect a seller from abusive situations never away to get out of canceling a order and keeping funds. I think the deposit forfeiture information is necessary to state. It protects from abusive situations and you even state you will work things out with a buyer who contacts you promptly. That's all good. However as a buyer it would distract me that you mention forfeiture so many times for relatively minimum situations.

For instance, the point about forfeiting your funds if you send it as a "gift".
Simply isn't necessary and wrong to state you are going to keep somebodies funds and not send anything if they send the funds the incorrect way.

Simple statement as to the fact that you don't take payment as a "gift" and it will be promptly sent back would suffice. Forfeiture stuff again here simply isn't necessary and wrong in my opinion.

If by chance you did keep someone's funds for sending in this manner and not provide the purchased animal, I think you will find yourself receiving a lot of criticism.
 
Old 05-13-2011, 10:20 PM   #4
Southern Wolf
Back when I had my business I did alot of research on what I wanted to include into my TOS... and it changed over time as new scams showed up on the BOI.

I have since closed my doors but if you know where and how to look you can still find parts of my site (until the domain expires) If you'd like to look at my TOS or even copy parts you are more than welcome to. If you like it and want to copy word for word... it wont bother me. Best of luck in your business

http://www.ridgetopreptiles.com/RTR/terms-conditions/
 
Old 05-13-2011, 10:20 PM   #5
Devon Hodgins
Quote:
Originally Posted by Dennis Hultman View Post
As a seller I would think it was a decent TOS.

Now here comes some constructive criticism. Buyers are the ones you will be searching your TOS. The word forfeit or forfeiture is mentioned maybe six, seven times. That may leave several impressions that might not do you any favors.

TOS are used to protect a seller from abusive situations never away to get out of canceling a order and keeping funds. I think the deposit forfeiture information is necessary to state. It protects from abusive situations and you even state you will work things out with a buyer who contacts you promptly. That's all good. However as a buyer it would distract me that you mention forfeiture so many times for relatively minimum situations.

For instance, the point about forfeiting your funds if you send it as a "gift".
Simply isn't necessary and wrong to state you are going to keep somebodies funds and not send anything if they send the funds the incorrect way.

Simple statement as to the fact that you don't take payment as a "gift" and it will be promptly sent back would suffice. Forfeiture stuff again here simply isn't necessary and wrong in my opinion.

If by chance you did keep someone's funds for sending in this manner and not provide the purchased animal, I think you will find yourself receiving a lot of criticism.


I also don't like the part about the minors. I am a minor myself and I buy all my reptiles. My parent doesnt have a paypal account so therefore would I not be able to buy from you. I would get it if you needed permission from the parents but not a "no sale at all'.

My parent doesn't know have of my business transactions such as trades, purchases, sales or anything else.

just my .02
 
Old 05-14-2011, 01:40 AM   #6
lauraleellbp
Thank you very much everyone, you've given me some things to chew over, and I'll probably make a few revisions.

I appreciate very much all of your advice, and also your offer SouthernWolf- I'll read through your TOS pretty carefully.
 
Old 05-14-2011, 03:08 AM   #7
hhmoore
I can't view your TOS from here, but feel free to look mine over. It ended up being fairly long, but I wasn't satisfied with any of my attempts to shorten it.
www.kbiherp.com/terms.html (If that doesn't work, just go to www.kbiherp.com, and use the menu to go to the Terms page - I can't access my site from here, either; so that's my best guess at directions to the page)
 
Old 05-14-2011, 11:45 AM   #8
lauraleellbp
So I've slept on it, read through the other TOS linked, and made a few revisions. Better?

Sorry, Devon, but my minor clause isn't something really negotiable for me. From the mature sound of your post, that sounds like something you won't have to even be concerned with for much longer, though.
 
Old 05-14-2011, 01:29 PM   #9
rcarichter
Quote:
Originally Posted by Devon Hodgins View Post


I also don't like the part about the minors. I am a minor myself and I buy all my reptiles. My parent doesnt have a paypal account so therefore would I not be able to buy from you. I would get it if you needed permission from the parents but not a "no sale at all'.

My parent doesn't know have of my business transactions such as trades, purchases, sales or anything else.

just my .02
Speaking as a buyer, a seller, and a parent, unless you're legally emancipated everything you buy/own belongs to your parents, and is their legal responsibility if anything goes wrong. No seller with any integrity would sell an animal to a child without parental knowledge. If you're under 18, it would be no different legally than selling to a 5 year old.
 
Old 05-14-2011, 03:01 PM   #10
Devon Hodgins
That would be insulting quite alot of reputable breeders to say they have no integrity.
 

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