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New hobby business- feedback on TOS?

L

lauraleellbp

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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! :eek:
 
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.
 
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/
 
Dennis Hultman said:
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.
Click to expand...

:iagree:

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
 
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.
 
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)
 
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. ;)
 
Devon Hodgins said:
:iagree:

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
Click to expand...

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.
 
I'm definitely not trying to be insulting to any reputable breeder. I'm talking about shipping an animal to a child without his parents knowing. Maybe its more common practice than I thought, and I'm just too strict in my standards. I stand by my own decision not to knowingly do so. If I have insulted anyone, I apologize.
 
I doubt you insulted anyone here. I am just saying that alot of reputable breeders here will sell to minors. I don't just come out and say, " I am 16." If they ask however I don't lie. All my retics and burms were sold to me when the seller knowing I was a minor.

Do either of you ask the age of the seller even if you feel by their emails and/or phone calls that they are legal adults?
 
Devon Hodgins said:
Do either of you ask the age of the seller even if you feel by their emails and/or phone calls that they are legal adults?
Click to expand...

No, I don't. Like everyone, I trust my instincts. I trust that people are following the law. I trust my inner voice that has raised 3 boys and can generally recognize their grammar and way of speaking. Not to say they are 'inferior' in any way. Most kids at this forum know far more about herps than their parents. There's just a different maturity in their language. They make mistakes, like announcing on a reptile forum that they are only 16 (sorry, that was too easy.) Will lies get past me? Absolutely. Are you a responsible owner? I would assume so. But once I'm legally responsible, I try to be careful. Please don't take offense.
 
No offence taken at all.

I suprise alot of people that have done business with me and then they text me and are amazed that I respond saying I am in german class.

However, when it comes to doing business I act as professional as possible. I try to use bigger words and I triple check all emails that are sent out. I do this to provide a good name for my self and to have people think higher of me. I am not the typical "teenager" when it comes to doing business.

I fully respect you not selling to minors though. I have turned down sales because people have known nothing of the specie in question and when I try to explain how big they get, how long they live, what they will need to be housed in, and what they could potentially eat, they go irrate.

I would never sell one of my animals without asking the person if they know the things stated above.

I will sell to minors as long as they are honest to me. If I ask how old they are and they lie then the sale is off. If they are 12 then the sell is off. I wont sell a boa, retic, retic, burm, ext. Withou perental consent. Or if the person is thirty and has the maturity level of an eigth grader.


I don't know if you have this on your tos but you should be able to refuse sell to a buyer at your discretion.
 
way, and by the way. I mentioned being 16 on purpose. Alot of people on this forum know I am 16. I am proud of that. Each and every post I keep that in mind because of the " younger person" stereotype.
 
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