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fromus2uA1antiques



Posts: 3

PostPosted: Wed Sep 17, 2008 5:35 pm    Post subject: Reply with quote

Thank you so much. BTW, your store front is awesome!
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phpfixer



Posts: 3

PostPosted: Mon Mar 02, 2009 1:58 pm    Post subject: Reply with quote

BigTallMensClothing wrote:
syringa-hobbycraft wrote:
Thank, BT

I thought maybe customers could request insurance in the notes section when checking out. But now I am not to sure about offering insurance so I took it out for now.


By law, it's the sellers responsiblity to get the product as described to the consumer. So it don't matter if they pay you extra for insurance or not. Internet stores have to follow the same laws as mail order houses.

Putting it in a note isn't going to get it in their total so they won't be paying for it. That's why I don't see how that really helps.


just a minor correction:

Referencing FTC rules:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=0be6e99e20087f8a5c462e03f7617bae&rgn=div5&view=text&node=16:1.0.1.4.49&idno=16

Seller is only responsible for shipping the product in a timely manner, and by definition c in that page:

(c) Shipment shall mean the act by which the merchandise is physically placed in the possession of the carrier.

Seller's responsibility ends when package is handed over to the carrier (USPS, UPS, whatever)

However, as a caveat:

(1) The Federal Trade Commission does not intend to preempt action in the same area, which is not inconsistent with this part, by any State, municipal, or other local government. This part does not annul or diminish any rights or remedies provided to consumers by any State law, municipal ordinance, or other local regulation, insofar as those rights or remedies are equal to or greater than those provided by this part. In addition, this part does not supersede those provisions of any State law, municipal ordinance, or other local regulation which impose obligations or liabilities upon sellers, when sellers subject to this part are not in compliance therewith.

The rule of delivery, shipment, responsibility, etc *might* be more clearly defined by state law. Hence it would be good to have a legal disclaimer that all transactions are considered to have occurred in the seller's state and/or municpality for purposes of any legal issues. So, despite the FTC's rather clear rule on what constitutes delivery, it would behoove one to check local and state laws.

However, it is incorrect to make a blanket statement that *all* sellers are responsible for ensuring the product is delivered to the physical possession of the buyer.
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bigtallmensclothing
moderator


Posts: 21854

PostPosted: Mon Mar 02, 2009 2:07 pm    Post subject: Reply with quote

According to Judge Judy ... LOL!


I say - send an item insured and get sued --- then you will see what a judge says. The consumer is always entitled to what is avertised. Unless you advertise it as a broken whatever, the consumer should not receive a broken whatever.


phpfixer - you have no store here. You bring up a topic that over a year old.
What's your issue?
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phpfixer



Posts: 3

PostPosted: Mon Mar 02, 2009 2:52 pm    Post subject: Reply with quote

just joined. working on getting store set up..., meanwhile testing forums waters to get a feel for how people respond to that sort of reply Smile

Got sick of trying to be helpful over at SleazeBay and having half a dozen morons jump all over me that could in no way back up their accusations and arguments with actual fact.. (isn't why I don't sell at SneezeBay anymore, but is why I haven't participated at their boards in a long time)

Thought I'd drop in a 2 cents worth based on actual fact rather than commonly held mis-conceptions.. and see what sort of reception results... which pretty much will define my future participation here.. or lack thereof..

if an item arrives broken or damaged, it's obviously due to packaging , which is the shipper's responsibility... and packaging occurs before shipment. So, the FTC rule still stands - it has nothing to do with insurance - I'm making the argument that you do not need to insure everything if you package properly. (I'd still recommend it for expensive stuff) But, all else being equal, if the buyer doesn't GET the item , and you can prove shipment (tracking number.. never ship without it!, to steal a slogan from amex... ) your legal responsibility as a seller is fulfilled.. Now, insofar as customer service.. that's something else again... you'd obviously have a very unhappy customer... how the seller deals with it is the seller's prerogative, however, and not a matter of legal precedence... as long as the state or muncipality the seller operates in doesn't have any laws pre-empting the FTC rules.

'Tis good to know the actual law... rather than accepting someone else's statement or interpretation at face value (which is why I gave link to the Gov't Publication dealing with the issue - so people can make their own interpretations as they wish.. Far be it from me to presume to be an authority on the subject..)

And finally, age of a topic has little to do with it, when topics like this are always of current concern.

So, I bumped an old topic to bring it current.... What's *your* issue? Wink


Twisted Evil Cool Shocked
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YayBeads



Posts: 359

PostPosted: Mon Mar 02, 2009 4:43 pm    Post subject: Reply with quote

Phooey. I was going to sell my sanity while I still had some left.
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acread
moderator


Posts: 11986

PostPosted: Mon Mar 02, 2009 5:17 pm    Post subject: Reply with quote

phpfixer reception is here: http://www.ecrater.com/community/viewforum.php?f=2
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phpfixer



Posts: 3

PostPosted: Mon Mar 02, 2009 5:35 pm    Post subject: Reply with quote

@ ACRead: LOL! Thanks. I'll post there once I get some work done on the store.. I generally don't stand on ceremony Wink

@Wellspring: Too bad, I'd have bought some.. I don't have any sanity left myself.. could use a little extra.. hehehe
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earplugs



Posts: 48

PostPosted: Mon Mar 02, 2009 8:35 pm    Post subject: Reply with quote

Thanks for posting this. You saved me some time. I was going to add gift wrapping upgrade as a separate listing. Now I'll create a gift wrapped products category with new listings for earplugs with gift wrapping.
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bookloverx2crafts



Posts: 4

PostPosted: Wed Apr 08, 2009 8:08 pm    Post subject: Reply with quote

Ok i Make handbags and totes I have some made out of licensed fabric like nascar want make sure i can list them not get my store shut down.
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giftsbysis



Posts: 2

PostPosted: Mon Apr 13, 2009 6:13 pm    Post subject: Reply with quote

Is it ok to sell an item and offer additional items at discount? (since they have to buy original item)
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kjscreations



Posts: 1726

PostPosted: Mon Apr 13, 2009 6:37 pm    Post subject: Reply with quote

First... handbags handmade with licensed material IS perfectly legal..

Second... offering discounted "extras" may be sorta hard. You either have to list the extra at the cheaper price or set up a google coupon code & tell them the code. The only problem with the code is that any discount will come off the entire order.
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viewfinders



Posts: 1555

PostPosted: Mon Apr 13, 2009 9:39 pm    Post subject: Reply with quote

phpfixer, I beg to disagree with you that if a package is properly packed it can't arrive damaged. That's assuming the postal truck doesn't back over it, the item doesn't get caught in a mail chute and end up mangled, get stolen by a dishonest postal worker or mystery thief, left at the wrong address or left in the rain all day. I've paid for special handling for items and had them arrive in bits and pieces.
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ABCellars



Posts: 4

PostPosted: Thu Feb 24, 2011 8:39 am    Post subject: Game System & Laptop Repair Service Reply with quote

I don't want to break any rules, have my listings canceled or my store shut down here because of my naivety. I need the fine people of eCrater to educate me and drive that evil ignorance out of my body. I would like to sell the above referenced services on eCrater. There is a services category here. The only subcategory is Logo & Graphic Design. I have read the eCrater T.O.S.
Code:
http://www.ecrater.com/terms.php
. Section 4.4 of the T.O.S. describes "What is not allowed to post?" It reads as follows:
Quote:
4.4 What is not allowed to post?

- Body parts & organs
- Pirated materials and products
- Copyrighted Materials (images & texts)
- Counterfeit Designer Items (replicas or imitation of designer products)
- Fake Documents
- Illegal Goods and Services
- Personal Information about another individual
- Prescription Drugs
- Prostitution
- Currency Exchanges
- The same or very similar content several times (even in different categories or related stores)
- Miscategorization
- Meaningless title & description
- Test items unless your store is put on-hold
- Free items and items with prices that are not "real"
- Items that are not for sale
- Pre-order items
- Firearms & ammunition, stun guns and illegal knives
- Tobacco and cigars for smoking
- Live animals
- Mod chips or mod chips accessories
- Illegal drugs and drug accessories


The T.O.S. states you may not sell illegal goods or services. Impliedly that means you can sell a service as long as it is not illegal. The T.O.S. would plainly state no services if the spirit of those drafting it meant for no services to be sold on eCrater. Also there would be no services category available here. Loosely a repair service could be construed as "Items that are not for sale", which is against the T.O.S., since not all repairs require parts to be installed. But Graphic Design would be a banned service if the T.O.S. were to be interpreted in that manner.

The repairs I would be offering would be very specific and defined. A customer would know exactly what they are getting and what they are not. Obviously Google has no problem with these types of services as you will find thousands of them if you Google for them and/or the specific item you want repaired.

As the categories are, would there be a problems with listings as follows: Nintendo DS Lite upper screen/lcd installed; Nintendo DS Lite slot 1 game reader installed; - Nintendo DS Lite Repair Service, for the title, then list the malfunctions that can be repaired for the same price and shipping. If I can make these kinds of listings should I use the eCrater category for video games or services?

How do I go about getting eCrater to add repair services to the available categories? I believe Google would send me more business to these types of listings if they were in an eCrater service category and I were able to use the words service and repair as keywords.

Thank you for your time and consideration. Have a wonderful day!

Best Regards,

ABCellars


Last edited by ABCellars on Thu Feb 24, 2011 2:57 pm; edited 3 times in total
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AmericanEdge



Posts: 976

PostPosted: Thu Feb 24, 2011 10:40 am    Post subject: Re: Game System & Laptop Repair Service Reply with quote

ABCellars wrote:
I would like to sell the above referenced services on eCrater. There is a services category here. The only subcategory is Logo & Graphic Design. The repairs I would be offering would be very specific and defined. A customer would know exactly what they are getting and what they are not. Obviously Google has no problem with these types of services as you will find thousands of them if you Google for them and/or the specific item you want repaired.

How do I go about getting eCrater to add repair services to the available categories?

Best Regards,

ABCellars

I would place the listings in the top level category; Categories > Services

You can suggest new sub-categories by using the eCrater contact form found at http://www.ecrater.com/contact.php
Select, "Suggest Global Category".

Hope this helps
ralph
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wendysbookstore



Posts: 744

PostPosted: Sun Sep 25, 2011 10:00 am    Post subject: Reply with quote

Quote:
4.4 What is not allowed to post?

- Body parts & organs
- Pirated materials and products
- Copyrighted Materials (images & texts)
- Counterfeit Designer Items (replicas or imitation of designer products)
- Fake Documents
- Illegal Goods and Services
- Personal Information about another individual
- Prescription Drugs
- Prostitution
- Currency Exchanges
- The same or very similar content several times (even in different categories or related stores)
- Miscategorization
- Meaningless title & description
- Test items unless your store is put on-hold
- Free items and items with prices that are not "real"
- Items that are not for sale
- Pre-order items
- Firearms & ammunition, stun guns and illegal knives
- Tobacco and cigars for smoking
- Live animals
- Mod chips or mod chips accessories
- Illegal drugs and drug accessories


Subject: Duplicate listings

I have 3 similar items with different conditions.

1. ) In New Condition. Example title: My book by boo hoo
2. ) In Good Condition. Example title: My book by boo hoo Used - Good
3. ) In Acceptable Condition. Example title: My book by boo hoo Used - Acceptable

Will I get in any trouble because of this. Advice needed.
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