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Since these sites have a risk of being considered a public accommodation, it is prudent to not exclude women from your men focused boxes or men from your women focused boxes. Since selling to minors for certain products or collecting information for users under the age of 13 has additional requirements, restrictions of minimum age are typically advisable. The party that is in the position to prevent the loss should be placed in the position to take on that risk.
When shipping to consumer address, they, not you, should take on the burden that the address is not only accurate but up-to-date as the subscription continues. Though this aspect of the terms and conditions may be covered in the returns policy, it should be stated clearly that the customer is the one that needs to ensure that the address is up-to-date regardless as to whether you subscribe to a service to be informed of any change of addresses.
A popular way to market your subscription site is through affiliate or referral program marketing. This method seems to be very prevalent in this particular industry. The terms and conditions should specify each aspect of such programs. You would also want to specify how and when the discount is applied.
The easiest way to approach a referral program is to add an entire full section of terms and conditions related to the referral program instead of adding a provision as if it was an afterthought. Some sites have chosen to include provisions related to sales tax in order to inform the buyer clearly whether sales tax will be charged or not. It is not as important to include this in your terms and conditions as it is important to make sure you are collecting sales tax appropriately.
The area of sales tax for eCommerce is an overly complicated burden on all sellers, but you better know how to deal with this. Many subscription box sites curate products from third parties to resell. Some may even white label these products. Though the contract agreements between you and these manufacturers or wholesalers are a separate issue, disclaiming your affiliation from the original brands may be a requirement from your distribution agreement.
Some sites have a policy that they can basically change the order in the event that certain quantities are not available. Though an unusual provision, depending upon how it is written and the circumstances of the subscription program, it can be made enforceable. Like everything else, so long as this is adequately disclosed then your customers may be understanding assuming they receive something of equal or more value. In every contract agreement, there are some general provisions that may be seamlessly included in any agreement.
For example, venue, choice of law, the previously mentioned merger clause are all typical examples. Arbitration and waivers of a class action have been legally tested with consumer contracts in the past, but they generally may also be included. Though these are typically considered "standard" provisions, you should not assume that someone else's standard provisions should also be your standard provision. Some related provisions may be included within the terms and conditions, but it is more appropriate to include such terms within the four corners of the discount or coupon promotion.
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Legally Sound Smart Business covers the top business stories with a legal twist. Hosted by attorneys Nasir N. The opinions expressed in this web site represent only the opinions of the author s and are in no way intended as legal advice upon which you should rely. Any testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. This web site does not create an attorney-client relationship and is not created without a signed written retainer agreement. Do no rely on any information on this site as it may be outdated or inaccurate.
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All locations by appointment only. By Nasir Pasha, Esq. Business Law : standard terms. How to Handle Subscription Cancellations Similar to the auto-renewal disclosure, you must provide your customers a simple way of cancelling the subscription. Delayed, Lost or Damaged Shipments Who is responsible if a shipped good becomes delayed, lost, or damaged?
If you are in business long enough, you will have lost, delayed, damaged, and stolen packages. Quantity Limits Your customer may have the ability to order multiple quantities of the same product. Disclaimers of Warranty When selling any goods, whether as a manufacturer or reseller, there are some warranties that automatically come with the sale, e. FAQ Legal Effect Due to the still new nature of the subscription box business, many sites include a FAQ outlining in laymen terms how the subscription works.
Other Common Issues Change of Address The party that is in the position to prevent the loss should be placed in the position to take on that risk. Referral Programs A popular way to market your subscription site is through affiliate or referral program marketing. Sales Tax Some sites have chosen to include provisions related to sales tax in order to inform the buyer clearly whether sales tax will be charged or not.
Repackaging, Relabeling, and Use of Trademarks Many subscription box sites curate products from third parties to resell. Reserving Right to Replace or Modify Package Some sites have a policy that they can basically change the order in the event that certain quantities are not available. Nasir N.
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