Where do you find the terms?
Different web sites have different ways of displaying legal terms; some ways are more conspicuous than others. You might find a link on the home page or order page to something like "Terms and Conditions" or "Legal Terms" or "Disclaimers." You may find that the "© 2010" at the bottom of a home page is such a link. Some "Terms and Conditions" apply to using the website, not to the terms for selling products. Also, the sale terms may not be available until you reach the page for ordering the product.
Some sites display legal terms on a screen which requires you to mouse-click on a button that says "OK" or "I agree" to the terms displayed on that screen. If you aren't comfortable with the terms displayed, you should shop elsewhere. It is a good idea to print out the terms if you intend to buy.
Different web sites have different ways of displaying legal terms; some ways are more conspicuous than others. You might find a link on the home page or order page to something like "Terms and Conditions" or "Legal Terms" or "Disclaimers." You may find that the "© 2010" at the bottom of a home page is such a link. Some "Terms and Conditions" apply to using the website, not to the terms for selling products. Also, the sale terms may not be available until you reach the page for ordering the product.
Some sites display legal terms on a screen which requires you to mouse-click on a button that says "OK" or "I agree" to the terms displayed on that screen. If you aren't comfortable with the terms displayed, you should shop elsewhere. It is a good idea to print out the terms if you intend to buy.
What if you don't see the seller's return and refund policies?
You may want to ask the seller, through an e-mail or telephone call, to indicate where these policies are on the site or to provide them to you in writing.
Important Questions:
You may want to ask the seller, through an e-mail or telephone call, to indicate where these policies are on the site or to provide them to you in writing.
Important Questions:
- Does the seller charge a flat shipping fee (for example: $5 per order), a per-item fee (such as $1 per book), or some combination of these?
- Can you return an online ordered item to one of the seller's retail outlets for cash or credit?
- Can you return a product if you've already opened it?
- Will the seller deduct a "restocking fee" from your refund?
- Will the company charge for a second shipment if it is shipping part of your order now and part later?
- When will the seller charge your account: only when each item ships, or at some time before that?
Warranties
Is there a written warranty?
If there's a written warranty, it must be made available to you before you buy the product. The terms of the warranty may be found in the general "Terms and Conditions" or perhaps in a link appearing with the product description.
If the product is manufactured by someone other than the retailer, it may have both a manufacturer's warranty and a retailer's warranty. You should examine both. If the retailer does not give a warranty, be sure to check out its return policies.
When you review a warranty, look for the same information buying online as when buying from a store or catalog:
If there's a written warranty, it must be made available to you before you buy the product. The terms of the warranty may be found in the general "Terms and Conditions" or perhaps in a link appearing with the product description.
If the product is manufactured by someone other than the retailer, it may have both a manufacturer's warranty and a retailer's warranty. You should examine both. If the retailer does not give a warranty, be sure to check out its return policies.
When you review a warranty, look for the same information buying online as when buying from a store or catalog:
- What does it cover and how long does it last?
- Whom do you have to contact for repair, refund, or replacement under a warranty?
- Is the seller limiting its liability if the item doesn't work or causes damage?
Under federal law, the seller must tell you whether the written warranty is "full" or "limited" if the consumer product costs more than $10.
A "full" warranty generally means that you're entitled to free repair of the product during the warranty period, and do not have to pay shipping, removal, or re- installation costs. If the seller cannot fix the product after a reasonable number of attempts, you're entitled to a free replacement or full refund.
Any other warranty is "limited." As you'd expect, there are many more limited warranties than full ones. Nonetheless, they often provide substantial protection and value to a consumer.
If a product is sold "as is" or "with its faults" that means the seller gives no warranty. If the seller "disclaims the implied warranty of merchantability," that means the seller does not promise that the goods are fit for ordinary use. In some instances, the law provides that you must be given this warranty of fitness for ordinary use. Then a disclaimer isn't effective. A lawyer could advise you on when this is so.
There are special state laws (called "lemon laws") that apply to the sale of new cars. You may have more extensive rights under these laws. (In some states, there are also more limited lemon laws applying to the sale of some used cars.) There are also laws against unfair and deceptive practices that may apply if there has been fraud or deceptive conduct by the seller.
A "full" warranty generally means that you're entitled to free repair of the product during the warranty period, and do not have to pay shipping, removal, or re- installation costs. If the seller cannot fix the product after a reasonable number of attempts, you're entitled to a free replacement or full refund.
Any other warranty is "limited." As you'd expect, there are many more limited warranties than full ones. Nonetheless, they often provide substantial protection and value to a consumer.
If a product is sold "as is" or "with its faults" that means the seller gives no warranty. If the seller "disclaims the implied warranty of merchantability," that means the seller does not promise that the goods are fit for ordinary use. In some instances, the law provides that you must be given this warranty of fitness for ordinary use. Then a disclaimer isn't effective. A lawyer could advise you on when this is so.
There are special state laws (called "lemon laws") that apply to the sale of new cars. You may have more extensive rights under these laws. (In some states, there are also more limited lemon laws applying to the sale of some used cars.) There are also laws against unfair and deceptive practices that may apply if there has been fraud or deceptive conduct by the seller.
Are there limitations of liability on the warranty agreement?
The seller's terms and conditions might say that if something goes wrong with the item you purchased, the seller is liable only for a fixed amount of money. Or, the seller is only required to repair or replace the item. Even if you have suffered other damages-say you lost thousands of dollars in business because your computer crashed-you'd only collect for the value of the product or the cost of repair.
The seller's terms and conditions might say that if something goes wrong with the item you purchased, the seller is liable only for a fixed amount of money. Or, the seller is only required to repair or replace the item. Even if you have suffered other damages-say you lost thousands of dollars in business because your computer crashed-you'd only collect for the value of the product or the cost of repair.
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