Online Sellers: The Importance of "SOLD AS IS" In Your Used Product Listings
Posted by Big Brand Wholesale.com on 6th Apr 2022
One of the most important phrases when it comes to Salvage or Store Return merchandise is “SOLD AS-IS”, and here's why:
“AS - IS” means that the buyer is agreeing to purchase the merchandise exactly as it is with no additional offers. For example, if you are selling a Samsung Tablet, but it doesn’t turn on, and you have no idea wtf is wrong with it, you CAN sell it as “Will not turn on. No clue why. May or may not be fixable. SOLD AS-IS.”
By listing your item like this you are stating that IF the buyer takes the Tablet to a computer shop and discovers that the reason it won’t turn on is because the battery is missing, it is NOT your responsibility to buy the buyer a new battery. Equally, if the pc shop tells the buyer that the Tablet is water-logged on the inside and is completely unusable, it is not your job as a seller to issue a refund.
It is imperative to include the words “SOLD AS-IS” when you are selling merchandise that is knowingly used, especially if the item is a vehicle, house, a computer, a handbag that you know has a jammed zipper, salvage / piece-parts inventory, etc.
(Note: in some countries outside of the USA, the term is "SOLD AS SEEN"):
But in the USA the correct term is AS-IS.
If you do not include the words “SOLD AS-IS”, it is quite possible you could be ordered to provide a full refund but if the buyer chose to file a lawsuit against you over the purchase, not only could you be ordered to provide a refund but you will also likely be responsible for reimbursing them for their legal fees. .... Point being, if the merchandise is used / salvage / unknown history, ALWAYS USE "SOLD AS-IS".
HOWEVER, using the phrase “SOLD AS IS” does not alleviate your duty as a seller to provide accurate information. As an example, if you list a “New Condition Couch - $800. Sold AS IS” and the buyer discovers the bottom framework is broken and there’s a giant gash under the center cushion, the listing was misrepresented, therefore it doesn’t matter if you list it as “AS IS”... because you unintentionally lied by representing the couch as New.
Equally, if you list a Keurig Coffee Maker as “4 years old but works great! SOLD AS-IS.” and the thing won’t turn on or the buyer discovers a crack in the water tank area the day it arrives, you technically owe them a refund because the coffee maker doesn’t work at all, let alone “Great”.
SOLUTION:
Thoroughly outline the actual condition of the merchandise. If you bought the item from a thrift store, even though it LOOKS brand new, consider listing it honestly, “An amazing thrift store find! I saw this and knew you would love it! Since this isn’t my personal property I can’t speak to this gown’s history, but from what I see it looks brand new! Since it wasn't my property, this is SOLD AS IS”
If you do list the item as used, be as transparent as possible about imperfections you have noticed. Additionally, be sure to include details such as:
"Has been laundered many times. Please expect signs of wear. There could be additional damage I did not notice. SOLD AS IS"
"I used this phone from 2018 - 2021. “Wear and Tear” should be expected. SOLD AS IS"
"Warranty is no longer valid. SOLD AS IS"
"I do not know anything about microwaves and if there are issues I cannot help you troubleshoot if you have any issues, but you might be able to contact the manufacturer on Kenmore.com. SOLD AS IS"
"When I bought this it was covered in dog hair. I lint rolled it really well for you but it’s possible I could have missed some. SOLD AS IS"
Be sure to post lots of photos. If the item is expensive, get a video. If you don’t want to upload the video, keep it for your own personal records…. Just in case.
FINAL THOUGHTS
Even though the phrase SOLD AS-IS protects you against most lawsuits regarding pre-owned merchandise, you still want to make your buyers happy. Here at BigBrandWholesale.com we generally have a "no returns" policy however we do work with our buyers if they are very unhappy with an order, even when a listing clearly says "As-Is". The reason we flex our policies is because we would rather have a happy, repeat buyer than an upset or disappointed person who will never buy again.
If your main concern is someone using it then returning it, read our blog post about preventing buyers using and returning your inventory!
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