[OR] How do I create a refund policy for my website that complies with both American and international law?
On my digital products I would like to offer a full refund after 30 days with proof of purchase. I am also looking to the future when I might be selling outside the US. Could an international refund policy be included in the same document?
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You can tailor your refund policy for both American and international laws, but you may want a section then for each jurisdiction. The EU can have some rules that are a little more exacting than the US. In the EU, the consumer rights directive mandates that consumers have a 14-day right to return most purchases, regardless of the reason, and receive a full refund including the initial shipping costs (Directive 2011/83/EU). This period is known as the "cooling-off period" or "right of withdrawal."
By contrast, U.S. federal law does not mandate a similar cooling-off period for online digital sales, but you would certainly be able to include such terms in your own policy.
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Hello, I am going to be selling digital courses and products on a website and I need a refund policy page that complies with the US as well as foreign countries.
Lexi, Chatbot
I understand the importance of having a refund policy that complies with regulations. Are you looking to create a single refund policy that covers both US and foreign countries?
If possible.
Lexi, Chatbot
Have you already researched the specific refund requirements for the countries you plan to sell your digital courses and products in?
No, I am just getting started and will sell only in the US at first. But I want to get set up to sell outside the US.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your refund policy.
I do not think that my business model is any more complicated than most you see on the internet.
Elizabeth
Hi there! Welcome to AskaLawyer. My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your concerns.
Elizabeth
So I can best help, what kind of refund will you be providing to customers?
Hello. I am in the beginning stages of starting an online business selling digital products. In the US only to start.
Elizabeth
Thank you for clarifying, that sounds exciting. Will you sell in all 50 states?
I want to have a refund policy on the website if needed.
Yes, all 50 states and internationally eventually.
Elizabeth
Thank you for that, will you be registering the business in a particular state?
My business is already registered in the state of Oregon as an LLC.
Elizabeth
Wonderful, thank you for that. So, in your refund policy, you would usually set a state under which the contract's law is governed. You would typically set it as your home state of Oregon. Oregon does not require you issue a refund unless you want one. What type of refund do you want to offer?
On my digital products I would like to offer a full refund after 30 days with proof of purchase. I am also looking to the future when I might be selling outside the US. Could an international refund policy be included in the same document?
Elizabeth
You can tailor your refund policy for both American and international laws, but you may want a section then for each jurisdiction. The EU can have some rules that are a little more exacting than the US. In the EU, the consumer rights directive mandates that consumers have a 14-day right to return most purchases, regardless of the reason, and receive a full refund including the initial shipping costs (Directive 2011/83/EU). This period is known as the "cooling-off period" or "right of withdrawal."
By contrast, U.S. federal law does not mandate a similar cooling-off period for online digital sales, but you would certainly be able to include such terms in your own policy.
Would it be better to use a standard 14-day return to coincide with the EU?
Elizabeth
It can be better in some instances, so that everything is equal. It would actually give your US customers more protections.
That sounds good. One more question. Could there be a provision that states certain products are exempt from refunds, if stated at checkout?
Elizabeth
Yes, in the US, but not in the EU; if you have it bold and make it very clear.
Ok great. What are the next steps in producing the legal page?
Elizabeth
Have you looked at any templates?
Not yet. I could not find them on the eForms platform. Is this where I would look?
Elizabeth
You cannot use them word for word but one of the easier options is to view a competitor’s terms.
Thank you very much for your help.
Elizabeth
You're very welcome. Is there anything else I can help with or clarify?
Not at this time. Have a great day!
Elizabeth
Have a great day too! I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
Elizabeth
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