Terms and Conditions Opinions

[scaledverts]

Hello all,

I am working on setting up a website (currently a free version) so I have a web presence. I would like your opinions on the terms and conditions section on the website. I drafted these based on my handful of years experience and what I have seen on other websites. Let me know what you think.

Here's the terms and conditions address http://scaledvertebrates.weebly.com/terms-and-conditions.html

Feel free to look through the rest of the site too, but it is still a work in progress.

Thanks,

Kyle

 

[hhmoore]

Live arrival is guaranteed only when temperatures en route are between 40 and 90 degrees Fahrenheit. We are not responsible for delays in shipping related to carrier errors including mis-deliveries.

While the temperature stipulation is common, I've grown to disagree with it....I took it out of my own terms years ago. If you cannot guarantee live delivery - don't ship. There is no reason that the customer should lose their money because you couldn't get the animal they paid for delivered alive. Likewise, with regard to carrier error, why should the customer lose their money if an animal dies because the company you contracted for delivery was late. I do have a clause about carrier error in my terms...but it states something to the effect that I am not responsible for carrier error beyond the guarantees listed in my terms.
Also, as far as not refunding shipping costs - I agree with that UNLESS, the animal is being returned because it is ill, or was misrepresented (wrong sex, for example); or if a refund is being given because of a DOA. None of those things are the customers fault, so they shouldn't have to eat the shipping costs on a return/refund.

the sex of female reptiles cannot be guaranteed unless it is an adult

With some species, that is true...but, for many more, it is not. Most snakes can be sexed as neonates (certain arboreal species being the exception, because of the potential for injury during the process. Many lizards can be accurately sexed at a fairly young age. If you don't know what it is, sell it as unsexed. Your statement looks like a CYA to escape responsibililty for missexed animals

 

[scaledverts]

While the temperature stipulation is common, I've grown to disagree with it....I took it out of my own terms years ago. If you cannot guarantee live delivery - don't ship. There is no reason that the customer should lose their money because you couldn't get the animal they paid for delivered alive. Likewise, with regard to carrier error, why should the customer lose their money if an animal dies because the company you contracted for delivery was late. I do have a clause about carrier error in my terms...but it states something to the effect that I am not responsible for carrier error beyond the guarantees listed in my terms.
Also, as far as not refunding shipping costs - I agree with that UNLESS, the animal is being returned because it is ill, or was misrepresented (wrong sex, for example); or if a refund is being given because of a DOA. None of those things are the customers fault, so they shouldn't have to eat the shipping costs on a return/refund.

Thanks for the opinion Harald. I have reworded the temperature section to say that I will not ship if temperatures are outside of 35-90. That was the intention of that sentence to discourage people asking about shipping when temps are too high or low, now it is clear.

As to the carrier error section, I made this part purposefully strict. However, I anticipate that I will deal with any cases of DOA on a case by case basis. But your point of misrepresentation is a good one. I will try to reword certain parts to make that part clear.

With some species, that is true...but, for many more, it is not. Most snakes can be sexed as neonates (certain arboreal species being the exception, because of the potential for injury during the process. Many lizards can be accurately sexed at a fairly young age. If you don't know what it is, sell it as unsexed. Your statement looks like a CYA to escape responsibililty for missexed animals

I was mainly trying to say here that even as babies snakes may not pop male when they are. However, yes I would list any that I was not sure about as unsexed or "probable male/female". I have removed this portion of the terms to be sure it does not appear I am trying to sell mis-sexed snakes.

 

[Sushi Dragons]

The biggest issue with TOS pages is you have to be so careful not to leave yourself open to fraudulent claims.

I treat any situation that arises on a case by case basis, but I keep my TOS strict. I say I only guarantee health for 3 days, require photographic evidence within 2 hours in case of a doa, require a restocking fee on returns, etc.

I had to do it this way out of necessity. When I guaranteed for 2 weeks, I had a situation where a buyer fed their hatchling exclusively on mealworms and then expected me to "fix it" when it became impacted. Despite my best efforts to educate people who buy from me, people will arrogantly do what is "easy" and let the animal suffer for their selfishness.

I require photographic evidence because I one time had a buyer claim the animal was dead and then refuse to show me pictures or proof of any kind. They wanted a refund and were unwilling to provide proof of DOA. When I said I could not refund money without the return of the body (and I even offered to pay shipping), the dragon miraculously revived! Go figure.

I include a restocking fee on dragons to dissuade people from making an impulse purchase. I don't misrepresent my animals, but a newly arrived dragon rarely looks bright and colorful for the first several days. The fee also serves as a means of buying time for the animal to show its true colors and personality.

But of course, I am ALWAYS there to help out with questions and concerns that arise months or even years after purchase. I have exchanged dragons that were incorrectly sexed (even though I don't guarantee the genders of young hatchlings), I have taken back dragons that were no longer wanted because the owner's lifestyle changed, etc. Basically, I cover my bases on my TOS, but I extremely lenient, compassionate and understanding when things happen.