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When
you register with an auction site you have to consent to its
user agreement--also known as a terms of service or terms of
participation agreement (Amazon.com calls it a participation
agreement). Because users want to get started auctioning right
away, they might gloss over this important document. With that
in mind, we've highlighted some of the key elements you should
be aware of when reading a user agreement.
The
Way That You Use It
In brief, user agreements explain the guidelines and policies of
an auction site. Fees, warranties, listing restrictions, privacy
policies, how the site handles disputes among its buyers and
sellers--you'll find all this information and more. Some user
agreements can be quite long (3,300-plus words for eBay,
3,400-plus for Amazon.com Auctions), but you'll be well served
if you take the take to read these documents carefully. You'll
be more informed about the site and what you can expect when you
buy and sell in the future. Avoid sites that have vaguely worded
user agreements or none at all.
Usually after typing in your personal
information you'll be taken to a page that contains the site's
user agreement. At that point, you'll have to click an "I
Agree" button to continue the registration process. Many
sites also include a link to their user agreements at the bottom
of their main page.
Just
a Venue
One of the main purposes of user agreements is to alert users of
a site's responsibility--or rather its lack thereof. User
agreements spell this out very clearly so that the sites are
absolved from any legal liability. Auction sites are "just
a venue," a third party that brings buyers and sellers
together to conduct a transaction. They're not guaranteeing
anything--not the authenticity of the items up for auction, not
the trustworthiness of the buyers and sellers who do business on
the site. Nor do they offer any warranties. Unless a seller
provides a manufacturer's warranty, the merchandise is sold
"as is."
To give you a better idea of how this
works, here are excerpts from two user agreements:
eBay: Our site acts as the
venue for sellers to list items (or, as appropriate, solicit
offers to buy) and buyers to bid on items. We are not involved
in the actual transaction between buyers and sellers. As a
result, we have no control over the quality, safety or legality
of the items advertised, the truth or accuracy of the listings,
the ability of sellers to sell items or the ability of buyers to
buy items. We cannot ensure that a buyer or seller will actually
complete a transaction.
Amazon.com Auctions: It is up
to the Seller to accurately describe the item for sale or
auction. Amazon.com cannot and does not know whether any listing
is accurate, complete, misleading or deceptive or if the Seller
and Buyer will perform as promised so you should always take due
care in entering into any agreement with another
person…Because Amazon.com is not involved in the actual
transaction between Sellers and Buyers and is not the agent of
either for any purpose, Amazon.com will not be involved in
resolving any disputes between participants related to or
arising out of any transaction. Amazon.com urges Sellers and
Buyers to cooperate with each other to resolve such disputes.
Not
for Sale
User agreements are also where sites can inform sellers and
buyers about any listing restrictions and illegal or infringing
items. These usually include firearms, weapons, explosives, live
animals, embargoed items (i.e., Cuban cigars), pirated software,
music, and movies, and more. As seller, a user agreement will
let you know what you can't sell, and as a buyer you'll know
what kinds of items you won't be able to purchase.
Keep
It Private
A user agreement should contain mention of a site's privacy
policy, either by including it within the user agreement itself
or by providing a link to a more comprehensive page. Part of the
registration process for any site entails providing your
personal information (i.e., your name, address, phone number,
email address, credit card number, and so on). Understand how an
auction site plans to use that information, both internally and
externally. Basically, you want to know what kind of information
the site collects, as well as what the site does or doesn't do
with that information. The real concern here is how a site might
disclose information about you to other companies, which can in
turn lead to annoying spam.
Some of your personal information is
used internally to understand user patterns of usage, as well as
to conduct research on a site's demographics. Your information
may also be used internally to contact you regarding
administrative notices, new product offerings, and disputes.
Again, determine if a site will be sending your personal
information to another company.
Lastly, just because you register and
OK a user agreement doesn't mean that it's set in stone. Sites
periodically update their agreements. User agreements should
indicate the day on which they were last revised.
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tactics
by Vendio Services
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