safeshoppingorg

• Terms
• Shipping, Returns and Refunds
• Warranties
• Liability
• Arbitration or Mediation
• Suing
• Time Limit
• Damaged Merchandise

Terms

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 "© 2013" 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.

Shipping, Returns and Refunds

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:

• 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:

• 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.

Liability

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.

Arbitration or Mediation

Arbitration
Check the agreement to see if you're able to go to court to sue. Some sellers' terms and conditions specify that you must give up your right to go to court and, instead, take your case to arbitration. Arbitration proceedings can be speedier than a comparable proceeding in court. They may also be cheaper or, depending on the situation, more expensive. With arbitration, one person (not a judge or jury) decides the case. Appeal of that decision is extremely limited, there is often no record made, and (depending on the agreement) you may lose your right to bring a class action.

Most arbitration clauses specify what organization is to set up the arbitration. Each organization has its own fee schedules and rules. This and other important information may be found on the organization's Website. An example is http://www.arb-forum.com/.

There is much controversy over the use of "binding mandatory arbitration" clauses in consumer contracts. Many business groups support them. But, many consumer groups oppose them. Some of the consumer groups have established www.givemebackmyrights.com, to provide information about these kinds of clauses and information to help you find sellers who do not require them.

Mediation
Mediation is a procedure in which disputing parties appear before a third party who attempts to help them resolve their dispute. An arbitrator will decide who wins a dispute if the parties cannot settle their differences. A mediator does not decide; she simply tries to help the parties reach a settlement; a mediator typically has no power to impose a solution if the parties cannot agree. In that sense, mediation is completely voluntary, and you typically have the freedom to walk away from it without settling the dispute. Many people have had good experience with mediation.

If the seller's form specifies mediation, it may also require that you engage in this process and attempt a resolution before you go either to court or to arbitration for a solution. The seller's form will have specifics. Check to see where and how the mediation is to take place and how much it will cost.

Suing

Where can you sue?
The seller may try to specify that you can only sue (or mediate or arbitrate) in a certain state. The seller may try to specify that you can only sue (or mediate or arbitrate) in a certain state. If it's not your home state, you might have to travel to that state or hire a lawyer there. If you have only a small claim against the seller, a requirement that you resolve the dispute in another state may mean that you cannot afford to bring your claim at all.


Under whose law will you sue?
The seller's terms and conditions may also specify which state law will apply to your case. Thus, in an extreme case, the terms might not only require you to sue in Texas' courts, but may also require the Texas courts to apply New Jersey law. This could result in courts far from home applying the law of a state that might be particularly tough on your case.

Time Limit

Is there a time limit on lawsuits?
In most states, you have at most four years to sue if you think the seller has violated the warranty. If you wait longer, you've lost your right to sue. You may, however, have less time because the seller's terms and conditions may have reduced the period in which suit may be brought (or arbitration requested) to as little as one year. Any such time limits on when you can sue or demand arbitration should be in the seller's legal terms posted on its web site or specified in its correspondence with you.

Damaged Merchandise

What happens if your purchase is damaged or missing a piece?
To preserve your legal rights, inspect your purchase carefully as soon as you receive it. Contact the seller as soon as possible if you discover a problem with it. Tell the seller in writing about any problem that you are concerned with, ask for a repair or refund and keep a copy of your correspondence.