The Merchant Agrees to the Following:
As a merchant participating in
the MARS SEAL Program, I agreed to abide by the consumer
protection guidelines as proposed by the E-Commerce and Consumer Protection
Group which includes AOL, AT&T, Dell Computers, IBM, Microsoft, Network
Solutions and Time Warner, to the Federal Trade Commission and Department of
Commerce on June 6, 2000. A complete text of which can be found at www.ecommercegroup.org and which is outlined below:
1)
Merchant Contact Information: Consumers should have a prompt, easy, and effective means of
contacting the Merchant.
2)
2) Marketing Practices: Merchants
should not make any representation or material omission or engage in any
practice that is deceptive, misleading or fraudulent.
3) Information about the Goods or Services: Merchants should clearly disclose the basic features
of the good or service that they offer
using terms that Consumers can understand.
4)
Information about the Transaction
A. Terms and Conditions: Merchants
should make available to Consumers the terms and conditions applicable to the Transaction.
B. Opportunity to Review the Transaction: Merchants should provide Consumers an opportunity to review
and not proceed with the Transaction prior to its becoming a binding obligation
and disclose to Consumers at what point the Transaction will be final.
C. Language: Material information about the Transaction should be
provided in the same language in which the good or service is
offered.
D. Record of the Transaction: Merchants should make it possible for Consumers to
access and maintain an adequate record of information about their Transactions.
E. Costs: Merchants should disclose
the entire price, type of currency, and expected costs of the goods and
services to be collected by the Merchant. A general description of routine
costs and fees not collected by the Merchant that will likely be incurred by
the Consumer also should be provided.
F. Shipping and Payment: Merchants
should disclose to Consumers when the Merchant will be able to ship the goods
or provide services, and the time when a Consumer will be charged for a
Transaction. A consumer should not be charged for a product or service unless
shipment of such product or service is expected within a reasonable period of
time.
5) Cancellation/Return/Refund Policies: Merchants should provide information to Consumers about
their cancellation, return, and refund policies.
6) Packaging: Tangible goods should be shipped in packaging that can
reasonably be expected to protect the goods in
transit.
7) Security: Merchants should make reasonable efforts to ensure the
security of a Consumer’s Transaction information.
8) Customer Service and/or Support: Merchants should disclose to Consumers basic information
regarding customer service and/or support for goods or services purchased
online from the Merchant.
9) Warranty: Merchants should disclose to Consumers applicable
warranties or limited warranties that they offer regarding the products or
services sold or made available to Consumers.
10) Privacy: Merchants should adopt privacy policies that are consistent
with existing industry standards and existing legal requirements.
11) Self-Regulatory Programs: Merchants should disclose and provide contact information
for any self-regulatory programs in which they participate and applicable
dispute resolution processes.
12) Dispute Resolution: Merchants should provide Consumers with fair, timely, and
affordable means to settle disputes and obtain redress.
A. Internal Mechanisms: Merchants should establish internal mechanisms to address
Consumer complaints.
B. Third-Party Dispute Resolution: Merchants are encouraged to participate in reputable,
independent third-party dispute resolution programs to assist Consumers in
addressing complaints arising from Transactions.
·
The Merchant agrees to use
all internal Customer Service resources to resolve disputes. In the event the
merchant can not resolve the dispute in this manner, the matter will be
referred to the MARS Fair & Square ODR Program for resolution.
·
The
Merchant participating in the MARS SEAL PROGRAM, agrees to abide by the
decision reached using the MARS Fair & Squire ODR Program. The merchant
agrees to pay the Customer any monetary award or accept the return of
merchandise and return funds paid for them. The merchant will provide services
or make any other restitution agreed upon. Depending on which one of the three
MARS SEAL PROGRAM OPTIONS the merchant will also pay, all or part, of the
Customer’s cost of using the MARS Fair & Squire ODR Program, including any
registration fees advanced by the Customer.
·
If the
decision is in the merchant’s favor and depending on which one of the three
MARS SEAL PROGRAM OPTIONS the merchant chooses, the merchant will pay, all or
part, of the Customer’s cost of using the MARS Fair & Squire ODR Program,
including any registration fees advanced by the Customer.
·
The
merchant agrees to abide by the outcome of the MARS Fair & Squire ODR
Program if it is in favor of the consumer, however, the customer may pursue
other remedies if not satisfied with the outcome.