Terms of Sale Anger

This is a great discussion. To make my own TOS, I've read several big and small breeders' TOS and taken the bits I like (as well as adding a few of my own).

I have to agree with the part about covering mishaps from the shipping company. I've seen even respected breeders with rules about not being responsible for shipping delays, and I didn't like that. If FedEx does something dumb and ends up harming the snake, then I will pay to have the snake shipped back to me and either refund the cost of the snake or replace it with another one, and I will pay the shipping for the replacement. The customer has already paid for the snake to be shipped to them, so they shouldn't have to pay shipping again for a replacement that wasn't their fault. I know it costs the breeder more, money-wise, but the breeder gains even more by having a happy customer.

I love the mandatory call/e-mail idea! I'm definitely going to have to add that!

I'm debating about adding a line at the beginning of my TOS stating that the terms can change without warning. I'm not saying that I think it's okay to change them in a middle of a sale; any time a sale is made, the TOS at the time of sale are to remain static for that sale. Any changes made apply only to sales made after the TOS are changed. What I'd put that line in my TOS for is to protect myself from a repeat buyer who didn't check to see if the TOS had changed and then whine about the change. Granted, if it's a repeat buyer, I'd probably be okay with giving them the previous TOS (as long as it's not something major), but still, I'm tired of dealing with people who don't read important information because of laziness.

Originally Posted by Uroboros

How open source are your TOS's? If they're not, I'm totally stealing Sammy's.

If you want to pull from mine... knock yourself out. I dont care.

You are more than welcome to anything on my site, Erik.

Originally Posted by Southern Wolf

And thus the reason I have this in my TOS



IF someone has a signature release on file... that is what will show up when fed ex sends me the delivery notice (right where the signature SHOULD be)

I received a package and saw a "signature release on file" show up on the tracking page online before I even knew the package was delivered! I was pissed, but thankfully it was literally ten minutes after the package was dropped off and the animals were perfectly fine.

But, then I called FedEx and asked to have the signature release on file cancelled, and their response? There is no such thing!! I can only assume that nobody knows what the other hand is doing at fedex, but at this point I can't get the signature release cancelled because they refuse to acknowledge that it exists!

Originally Posted by shrap

You are more than welcome to anything on my site, Erik.

NICE! I'd like... oh wait, the animals I'd actually have to pay for. DAMMIT!!!

Originally Posted by jayefbe

I received a package and saw a "signature release on file" show up on the tracking page online before I even knew the package was delivered! I was pissed, but thankfully it was literally ten minutes after the package was dropped off and the animals were perfectly fine.

But, then I called FedEx and asked to have the signature release on file cancelled, and their response? There is no such thing!! I can only assume that nobody knows what the other hand is doing at fedex, but at this point I can't get the signature release cancelled because they refuse to acknowledge that it exists!

Have the jackass answering the phone look up the tracking number. Be insistant. You're paying them money to do their job. Don't accept half-assed answers. It's ok to be a jerk sometimes.

Originally Posted by jayefbe

I received a package and saw a "signature release on file" show up on the tracking page online before I even knew the package was delivered! I was pissed, but thankfully it was literally ten minutes after the package was dropped off and the animals were perfectly fine.

But, then I called FedEx and asked to have the signature release on file cancelled, and their response? There is no such thing!! I can only assume that nobody knows what the other hand is doing at fedex, but at this point I can't get the signature release cancelled because they refuse to acknowledge that it exists!

And yet they WOULD NOT leave two boxes of bugs on my porch without a signature.

I hope some of the crickets got loose in their facility!

Originally Posted by Uroboros

NICE! I'd like... oh wait, the animals I'd actually have to pay for. DAMMIT!!!



Have the jackass answering the phone look up the tracking number. Be insistant. You're paying them money to do their job. Don't accept half-assed answers. It's ok to be a jerk sometimes.

Oh, I was one. The guy claimed that the sender didn't ask for a signature.

Here are our TOS, for anyone that has suggestions or would like ideas. They are quite liberal in my opinion, but we have confidence in the quality of our animals and want to provide the best customer service that we can. Feel free to comment.

Thanks,
Anya

Terms of Sale

Buy with confidence! We take pride in the animals we produce, and will not sell any animal that we personally would not purchase. Professional references are available upon request.

All animals are offered for sale on a first come, first served basis (determined by the date/time stamp of the email). No animal is considered sold until payment is received; however, a “pending” status will be put on animals awaiting payment. We accept Paypal, cashier’s checks, money orders, and personal checks. All funds must clear before shipping. Payment plans are available for animals over $200 and will be considered on a case by case basis. Conditions of the payment plan will be confirmed via email. If a payment plan is approved, a 25% non-refundable deposit is required to put the animal on hold.

Shipping is available via FedEx Priority Overnight. Please inquire with your zip code and desired animals for a shipping quote.

SAVE ON SHIPPING! View all of our ads and add another animal to your purchase!

We package our animals in a styrofoam lined box and include a heat pack or cool pack when needed. All shipments will require that you be present to sign for them, so please arrange to have someone available to sign for the package upon arrival. We guarantee live arrival as long as the package is signed for on the FIRST delivery attempt. If for some reason your animal arrives DOA, please contact us within 2 hours of delivery. We will send you a replacement animal of equal value. If a replacement is not available, we will gladly refund your purchase price. We reserve the right to request photographic proof or return shipment of the deceased animal. We are not responsible for shipping delays caused by Mother Nature or mechanical problems with the shipper. However, we will do everything in our power to locate a delayed package and get it moving on its way.

We guarantee sex and genetics. All hets will come with signed photographic paperwork. We also guarantee all animals to be free from illness, obvious genetic defect, and external parasites for 14 days after purchase. Please contact us immediately if you experience any problems with the animal so we may assist you.

We can be reached by phone at (501)269-6252 or (501)258-4452, or by email at snake_eyes_exotics@hotmail.com.

Thank You,

Anya Makashova
&
Adam Hogan


Please Note: The above "terms of sale" have been established for your protection, as well as ours. Please read them prior to placing an order. Your order shall be interpreted as understanding and acceptance of the terms as stated. Terms of sale are updated periodically and are subject to change without notice. However, we will still honor the exact terms of sale at the time of your purchase. Each purchase shipped will come with a TOS page. Please keep this page handy in case anything comes up.

Originally Posted by Wolfy-hound

I think live arrival is a decent TOS, if you trust the seller to be a honest person. If it's someone I do not know, I will look for a longer guarentee than just "live arrival", because I know *I* won't kill the animal through idiotcy then try to claim it's the seller's fault.

While I totally see your point it's kind of a double edged sword. I'm not trying to pick on you, but just wanted to comment that as a seller, I can't guarantee that the buyer won't stick said snake in a 10 gallon tank with a 100 watt lightbulb in the middle of summer and potentially fry them in 24 hours either. (of course, I try to make sure they know what they are getting into and what care the animal needs, but what people say they will do and what they actually do are sometimes very different). So because of that my TOS only guarantees live arrival (and 5 days to verify the reptile was correctly sexed) but in general, if someone had a legitimate problem with the snake after the 'live arrival' I would be willing to work with them if I could. I am sad that some people would pass up buying from me simply because I only guarantee live arrival but that is their choice.

The majority of my TOS was taken from a few select other TOS that gave permission to share. I also spell out exactly the steps to take in the event of a DOA. Here's a couple other nuggets people may want to include in theirs:
"You are responsible for knowing your local laws and regulations regarding ownership."

"I recommend taking photos of the box your snake/s are delivered in prior to opening, during opening and then pictures of your snake/s right out of the box. This protects you and me in the event of a shipping mishap."

"NO refunds will be issued after the receipt of the animal due to buyer’s remorse. It is the buyer’s responsibility to research the care and expense needed to properly care for any animal purchased. You will not be refunded your purchase price. You may be able to ship your snake/s back at your expense, but there will be no refunds for lack of due diligence prior to purchase. "