Hey everyone! TOS bussiness question! =]

[SunShineReptiles]

Hey everyone. I love these boards, and I figure Id post something thats been bothering me...
-A breeder puts that they want a 25% NON REFUNDABLE deposit to hold an animal. They put on the homepage that some animals can not ship, and that there is an "*" astric star located on a bottom corner of the pages of which animals cant be shipped. They dont state in the description however that the animal can or can not be shipped. They also put all of this in their TOS, and note that its the buyers responsibility to ask if an animal can be shipped. The breeder makes the buyer verify that theyve read the TOS before putting down a deposit. Well what happens if a buyer puts a 25% deposit down for a 4000$ animal, but doesnt realise that the animal cant be shipped? Whos fault is it? Whos to blame and would the breeder have to pay back the non refundable deposit just because the buyer didnt actually read the full TOS, see the astric star that was on the page, or inquire about shipping?


Yeah, I cant think of anything else. But that was really beginning to bother me. lol.



x3 & god bless you all.
REN

[SunShineReptiles]

oh and also id like to ad that if you could also copy and paste you reply into a PM thatd be great. thankk you.

[TripleMoonsExotic]

I think that it is the sellers responsibility to fully disclose any & all information regarding their business practices. In my opinion, it should have been clearly listed on the site what animals could not be shipped to avoid any misunderstandings. If an email was sent verifying that a customer read the TOS, I as a seller would have reiterated what could not be shipped. But that's just me.

[Mike Greathouse]

This sounds like a seller with too many rules and a lot of doubletalk in their TOS.
This is a problem waiting to happen.

Find another seller.

[old guy]

the seller and buyer as far as the law is concerned and I personally had this problem. But I think the brunt would lie with the seller. We had the unfortunate of having animals shipped that was on a state list of semi-protection. We were called down by fish and game. Semi-protection being the proper permit's was not on hand. I see SO many of classifieds of species that are not allowed to be kept in some states and shipping them to these states can even violate the Lacey act. So who's burden is it ? Let me remind all ( remember this older herpers ? ) of the one very famous reptile sting that was called ? forgot but it was put on by a federal wild life and the sting company was The Atlanta Reptile Exchange. Yes it was entrapment to the fullest but....it was based on shipping. Of course many people ( offenders ? ) were exonerated but at a cost of attorneys. The one person that i knew was caught up in this sting with shipping box turtles and while he was legal in collecting, the shipping through the states was not and in particular the state of Georgia. AND it wasn't a deal of improper shipping methods or un-proper marked containers.

[SunShineReptiles]

thanks for the reply. old_guy..your message serverly confused me...did you even read my post?lol. please clarify it though.

Wouldnt it be the costumers fault though? For not reading (or understanding) the TOS, yet signing to confirm he/she did read the TOS and fully understood? If the buyer were to want to sue, who do you think would win? I mean, the buyer agreed to a TOS contract and knew the deposit was fully non refundable.

[DISCERN]

Well, the seller IMO is being very manipulative on this one. Yes, it is the buyer's responsibility to know exactly what they are getting and to know the laws in their area, etc., but also, it is the seller, or shall I say a RESPONSIBLE seller, to know details pertaining to the transaction as well.

If the seller knows that the deposit was put down for an animal that could not be shipped to a certain place, and is going to tell the buyer that his or her deposit is non refundable, then that is nothing but the seller being a thief.

[CFoley]

Hell....for $1000...you might as well drive and pick the snake up...