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  Home Auction Resources & Tools Auction Tips & Tactics

 




Stating Terms of Service


Think of your terms of service (TOS) as a contract and guideline for your online auction transactions. It's a way to inform customers of what they can expect if they bid on and win one of your auction items. It provides important information such as how you handle payment, shipping, refunds, and more. Our tip outlines what you should include in your TOS--and where.

The Three Cs

First, be clear, concise, and comprehensive when stating your terms of service. Of course, you want to include all the relevant information, but don't make your TOS so long and rambling that buyers' eyes start to glaze over--after a certain point, they'll tune out. Don't force users to sift through excess verbiage before you reach the heart of the matter. Remember: Lengthy, tome-like terms of service potentially can turn off bidders.

What to Include

To follow is a rundown of the information that should be included or addressed in your terms of service:

Payment: How do you handle receiving and processing payment from buyers? Indicate which types of payment you accept or don't accept (credit cards, personal check, money order, cashier's check, C.O.D., etc.). Third-party processors are becoming increasingly commonplace. Do you accept payment through a company such as X.com/PayPal? Depending on the type of payment a buyer sends, state whether you'll hold an item for a specific number of days. (For example, will you hold merchandise for a certain period of time until a check clears? Will you ship immediately with credit card or money order purchases?) You also might indicate how long you will hold a buyer's item, after which time you will no longer honor the winning bid.

Shipping: What can the buyer expect in terms of shipping? First and foremost, indicate who is responsible for payment of shipping costs: you or the buyer? If possible, state the exact shipping charge (i.e., "$2.25 shipping for USPS standard"). You might consider offering buyers different shipping options (for instance, if they'd like next-day shipping indicate that you'll accommodate them, and who will be charged for the additional cost). Other important clarifications include whether you are willing to ship internationally, whether you will purchase insurance at an additional charge, and whether you charge handling fees.

Returns/Refunds/Guarantees: What is your policy on buyers who request returns, refunds, and/or guarantees? This is a tricky area. Some sellers will state their policy in their TOS (some using the "all sales final" disclaimer), while others won't because they believe that stating they offer refunds will encourage some bidders to take advantage of their policy. Either way, you should have a set policy regarding these issues even if you decide not to include them in your TOS. Be ready and have consistent policies in case a buyer inquires about them. (For more information on this topic, see our offering refunds and guarantees tip.)

Sample TOS

So what does a good TOS write-up look like? There are different ways to present your terms of service--there's no right or wrong way. Experiment and come up with a description that makes you comfortable. To demonstrate, here's one example:

Buyer to pay $2.50 shipping/handling for standard USPS delivery. For USPS Priority, include an additional $1. I accept money orders, cashier's checks, personal checks, and credit cards via X.com. Immediate shipping with credit card and money order/cashier's check. Merchandise paid by check will not be shipped until five days after deposit. Insurance optional at 85 cents. International orders accepted. Payment due within 14 days after close of auction.

Here, There, Everywhere

Many auction sites now allow you to indicate certain terms of service when listing an auction. For example, there are fields in which you can indicate whether the buyer pays for shipping, whether you accept credit cards, and so on. However, don't rely solely on these fields.

For starters, you're limited as to what exactly you can indicate. In order to fully state your TOS and to provide potential buyers with multiple areas to see them, you also should include your terms of service in your auction description. Furthermore, it's a good idea to include your TOS in your end-of-auction emails as well. One last cautionary note: In your auction description, do not include a URL to a subsequent page (an About Me-style page, for instance) that has your terms of service. Don't assume that buyers will take the time to click on the link.

Lastly, sellers often complain about buyers who don't fully read their TOS (the problem of receiving bids from international buyers when a seller states they ship only domestically seems to be a perpetual issue). You can't always be sure that a buyer reads your TOS, but if you state them clearly, concisely, and in multiple places you at least can be assured that you've covered yourself if any problems arise.


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