Covering the basics: What a TOS means for you as the seller or buyer

From the perspective of a seller, your TOS can outline what exactly your service entails. This could span materials, shipping times, packaging options, response timing, refund policy, etc. The idea is to set a baseline of expectations for your shop. It also provides you a buffer for simple questions. If someone enquires about shipping times, you have a permanent document you can link directly to answer their questions. It also allows you to set boundaries between your customer base and you as the store owner. Most indie shops are run by small teams, and you want to have a balance between what’s acceptable and what isn’t. By outlining those policies in a public TOS, you give yourself a certain amount of protection. It also provides documentation you can cite if you need to enter in a financial dispute or in light of other unsavory events.

From the perspective of a buyer, a TOS can indicate a lot about the seller's values as a company. Maybe they want to ensure that the company they’re supporting does not endorse certain individuals or actions, or maybe customers simply wish to check shipping times. No matter the reason, the extra information saves the hassle of waiting on a shop to respond, and gives buyers more confidence. A TOS might not answer every question they might have, and in some cases it is supplemented by or replaced with a FAQ or Shop Policy page. These still serve similar functions in helping customers make educated purchases that they can feel good about.

Constructing a basic TOS

A TOS is often extremely tailored to the company or entity to whom it belongs. Having said that, there’s a few basics which should be included in any and all TOS. The very first section you should cover is Cancellations and Refunds.

• Cancellations and Refunds

  • This section should cover your cancellation policy and refund policy in detail. If your shop does not allow cancellations or refunds, say exactly that. If cancellations are allowed within a certain time frame, list the exact time frame and what constitutes as being 'within' that window.  A number of shops also add a restocking fee for any cancellations, so be sure to address that as well. This section is meant to provide protection in the event of an individual experiencing buyer’s remorse. You do not have to frame the statement as aggressive against the customer, but be firm with your policy here as it could deeply impact your business.
    • Example: We are happy to accept any cancellations within two hours of an order being placed. All purchases will have a $2 non-refundable restock fee. To submit a cancellation request, please submit your request within the two-hour time-frame using our shop’s ‘Contact Us’ form. Any requests received outside of that time will not be honored. (For example: if an order is placed at 1 PM on a Saturday, the refund request must be sent by 3 PM that same Saturday.)

The next section that would be considered a basic of TOS is a general disclaimer. This section should be at the very top of your TOS for ease of viewing.

• General Disclaimers

  • Your general disclaimer is a good place to discuss the policies your shop follows. This section highlights what is considered the buyer’s responsibility, materials you use, production methods, cleanliness, important processes, etc. It’s also a great opportunity to explain your labeling system. Some shops use unique wording for their models which don’t meet their quality control checks (see Flop). This is a great spot to explain if something is a flop, unusable, not for internal use, etc. It’s also a good area to highlight/disclose any natural qualities of the product you’re producing, like a silicone/plasticky smell. These are just a few examples, but for further reference, Strange Bedfella’s Store Policies page is an excellent example.  Since every shop is different, the following examples will likely include and/or fail to include facts relevant to your personal shop.
    • Example: All of our models are sculpted in Monsterclay, cast in resin, sanded, and finished by hand. This process may lead to small imperfections or slight design differences between different sizes of the same model. These differences are considered to be purely cosmetic and do not impact use. 
      
      Toys considered ‘Flops’ are toys with significant defects that may affect toy care, but will not render the toy unusable. Flops include but are not limited to: significant pigment freckles, bubbles, nicks, severely over-trimmed bases. These toys will be discounted in alignment with the fact that they failed to pass our quality checks.
      
      Small scuffs, dents, leaning, few freckles, minute variations in firmness, and other minute differences do not count as flaws, and will not be subject to discounts, refunds, or repours.
      
      Everything from our shop is manufactured in a smoke-free, pet-free home. We advise all buyers wash their toys upon receipt regardless.

The next section is a materials page, which is important specifically to the toy industry. You want to include this for a number of reasons: buyers can know you’re safe to purchase from, and they get an understanding of what specifically you can achieve with your products. Bear in mind that Near clear will have very different results from standard platinum cure silicone’s opaque tendencies.

• Materials

  • Your materials section gives you the opportunity to talk about why your product is superior. It’s made with skin-safe silicone, a material heavily researched through the indie community. You want your customers to know that they’re purchasing a toy to last, not a jelly or PVC ticking time bomb. It makes customers confident, and by providing this information publicly, you help create a nice check and balance for other shops to glance over. Maybe you accidentally include glitter or another material that could delaminate, cut or rub out from toys- having a public materials list could prevent accidents from happening. You can also use your materials page to illustrate the different firmness types that you offer.
    • Example: Our shop exclusively uses skin-safe, 100% platinum cure silicone for casting and creating toys. Our vibrant colors come from cosmetic grade mica in addition to other body-safe pigments. We currently offer three firmness types: “Super Soft”- 00-20, “Soft”- 00-30, and “Medium”- 00-50. Please note that firmness/shore hardness differences can occur due to differences in the manufacturing processes by our silicone suppliers.

Finally, for your basic TOS you will need a section outlining your shipping policies. Some shops choose to have a page dedicated to information on their shipping practices, but again, it is all down to personal preference.

• Shipping Policies

  • The Shipping Policies section is an opportunity to inform your customers of the timeline during which they can expect to see their toy. If you ship out orders every Friday or every other Friday, you should say that. In that way you’re helping someone who might want a toy quickly know  that they don't need to take to emails to ensure that their product will arrive. This is also a great place to address where you will not ship to. If you refuse to ship to reshipment facilities, certain countries, or banned individuals; include that information here.
    • Example: Shipments from our shop go out every other Friday, meaning your toy can take between 2-13 business days to ship out. International orders ship at the customer’s own risk, and all customs and fees are to be paid by the customer, not by our shop. An order containing any non-premade items will ship all at once when the non-premade item(s) are finished. If you would like the other items to ship first, please make two separate orders. Our shop reserves the right to refuse orders being shipped to reshipment facilities, Germany, or to individuals who have been banned from our shop. If we suspect an individual is attempting to circumvent these policies, your order may be cancelled and refunded.

Beyond the Basics: Constructing a TOS to fit your brand

Now that we’ve covered the basic functions of a TOS, it’s time to figure out what your shop might want to include in addition to those base-level functions. Sometimes those sections will cover everything you want to include directly on your page, but more often than not you’ll want to modify it to read a specific way. Some shops break their general TOS into 4 sections; General Disclaimer, Cancellation Policy, Returns and Exchanges, and Shipping Policies. Other shops may choose to condense cancellations/returns and exchanges into one section. Other shops might include an additional section on customs if they are offered. Lastly, some shops add care instructions for the products they produce. If you’re having trouble figuring out what format fits your brand, please take a look at the policies by the following shops. All shops were contacted and have consented to their information being used as a guide.

• Strange Bedfellas – Utilizes the 4 policy section methods. Has links to extended information based on their more in-depth Terms of Service for customers to reference. Store Policies are mostly a summary for ease of customer reading, while still retaining all important information.
• Wyverns Vault – Utilizes a more in-depth policy page. Their page is divided into 6 sections and covers their bases without linking to additional pages. A little wordier, but achieves the exact same function and executes it well.
• Pleasure Forge – Utilizes an extremely detailed policy page. Instead of a general TOS, their page covers an introduction to the basics of indie toys. It’s a long, very detailed read that provides ample information for anyone unfamiliar with the community. Due to its extensive nature, their TOS does cover more than a general policy page. They also have multiple supplemental sections to cover areas in more depth.

Templates and copy/paste information for your TOS

The following templates aim to cover the basics of each section we covered above, plus a few extra. They may still need tweaking to fit your desires, but will hopefully ease the process of developing a TOS. If you would like to see more detailed templates in the future, feedback is greatly appreciated and encouraged. The following lists will cover multiple different scenarios for you to use. You are allowed to directly copy and paste from this section, and all other resources provided in this article. This is to help you and to provide information for newer individuals. I (Ashe Sallow) am happy to make myself a resource if you would like a custom written TOS, but these free-to-use ones are great starting places.

• Cancellations and Refunds

  • We do not accept cancellations. Please be sure of your purchase and buy responsibly. If you have additional questions about a model, firmness, size, etc, please be sure to ask before purchasing. We are unable to process cancellations at this time.
  • We cannot accept returns or refunds due to the nature of our products. The exception would be an error made directly on our part. This includes products which shipped with undisclosed flops, or the wrong product. The only way we can process a refund, repour, or partial refund is if that item remains in its original sealed packaging. By opening the packaging, you acknowledge that the product in hand is the correct product. We are unable to refund/exchange/repour products which were damaged in transit, in those instances USPS will need to be contacted.
  • We are happy to accept any cancellations within two hours of an order being placed. All purchases will have a $2 non-refundable restock fee. To submit a cancellation request, please submit your request within the two-hour timeframe using our shop’s ‘Contact Us’ form. Any requests received outside of that time will not be honored. (For example: if an order is placed at 1 PM on a Saturday, the refund request must be sent by 3 PM that same Saturday.)
  • We do not accept returns due to the nature of our product. The following reasons are examples of what we will not refund/exchange/repour:
    • Wrong size/firmness/model/coloration ordered by the customer. Our listings provide these details and it is up to you to read them.
    • Buyer’s remorse.
    • Items that are lost, stolen, or damaged after receipt or during the shipping process. You will need to file a claim with our shipping carrier in that instance (USPS).
    • Returns of any kind will not be considered for our products outside of our silicone sculptures. This includes but is not limited to stickers and toy bags.

• General Disclaimers

  • All of our models are sculpted in Monsterclay, cast in resin, sanded, and finished by hand. This process may lead to small imperfections or slight design differences between different sizes of the same model. These differences are considered to be purely cosmetic and do not impact use.
    
    Toys considered ‘Flops’ are toys with significant defects that may affect toy care, but will not render the toy unusable. Flops include but are not limited to: significant pigment freckles, bubbles, nicks, severely over trimmed bases. These toys will be discounted in alignment with the fact that they failed to pass our quality checks.
    
    Small scuffs, dents, leaning, few freckles, minute variations in firmness, and other minute differences do not count as flaws, and will not be subject to discounts, refunds, or repours.
    
    Everything from our shop is manufactured in a smoke-free, pet-free home. We advise all buyers wash their toys upon receipt regardless.
     
  • All of our models are 3D-printed, cast in resin, and finished by hand. This process aims to minimize differences between models and creates near perfect symmetry. Due to the nature of hand-made products, however, there may be small differences or changes between sizes, molds, and models. These differences are purely cosmetic and do not affect use.
    
    Toys which fail to meet our quality standards are considered flops. These toys may have excessive pigments, unintended inclusions, cuts, bubbles, or other features which may impact use or have a stronger impact on the cosmetics of a model.
    
    All of our products come from a smoke-free, pet-friendly home. Please keep in mind if you have an allergy to pets that you should be extra sure to wash your toy when received. We do advise all customers wash their toys before use.

• Materials

  • Our shop exclusively uses skin-safe, 100% platinum cure silicone for casting and creating toys. Our vibrant colors come from cosmetic grade mica in addition to other body-safe pigments. We currently offer three firmness types: “Super Soft”- 00-20, “Soft”- 00-30, and “Medium”- 00-50. Please note that firmness/shore hardness differences can occur due to differences in the manufacturing processes by our silicone suppliers.
  • Our toys are made to be body safe and easy to clean. We use 100% platinum cure silicone for all of our silicone products. Toys can be cleaned with soap and water or by boiling, though excessive boiling may eventually cause discoloration. To prevent accidental deterioration, do not use silicone-based lubes with our toys. Similarly, only store our toys with others that are made of 100% platinum cure silicone.
  • All of our toys are made using 100% body safe silicone. We use 100% platinum cure silicone and Near Clear products to ensure that our toys are safe to use and easy to clean. Body safe pigments such as cosmetic grade mica may be used to provide coloration. We currently offer the following firmness/shore hardness.
    • Super Soft (0020)
    • Soft (0030)
    • Medium (0050)
    • Near Clear Soft (0031)

• Shipping Policies

  • Shipments from our shop go out every other Friday, meaning your toy can take between 2-13 business days to ship out. International orders ship at the customer’s own risk, and all customs and fees are to be paid by the customer, not our shop. An order containing any non-premade items will ship all at once when the non-premade item is finished. If you would like the other items to ship first, please make two separate orders. Our shop reserves the right to refuse orders being shipped to reshipment facilities, Germany, or individuals who have been banned from our shop. If we suspect an individual is attempting to circumvent these policies, your order may be cancelled and refunded.
  • Purchases that are comprised of premade toys will ship out within 1-2 weeks. Orders will be marked as shipped once the shipping label has been paid for and printed. There is a chance that your package may not enter the mail for up to 72 hours after the shipping label is created. Please note, the USPS has been failing to scan intakes on some rare occasions, but particularly around holidays. If it has been more than 3 days since your shipping label was created and you have not seen updates on the tracker, please send us a message through Contact Us.
    
    Customs, guided surprises, or otherwise non-inventory toys ship on a different timeline. Made-to-order toys can take between 3 and 5 weeks to create and ship out, dependent on the number of orders in the queue.
    
    Shipping estimates are not guarantees of delivery. COVID-19 is still affecting shipping, please allow for a few extra weeks on top of the original delivery date as a possibility. We offer a few more expensive shipping options which are meant to be quicker.
    
    Please ensure that your address is correct to avoid items marked return-to-sender or lost packages. Any item lost not related to our error will not be replaced and re-shipped at our expense. Items marked return-to-sender will need to be sent out again, requiring another shipping fee from the buyer.
    
    Individuals found to be purchasing items for banned individuals, reshipment facilities, or countries we do not ship to may be subject to a refund and ban. Additionally, if your order is flagged as a possible scam, it will likely be cancelled and refunded.

• Cart Holds

  • We do not currently have a system in place that offers item holding. The first individual to check out will be the owner of the item(s). The easiest way to ensure a quick checkout process is to make a customer account. This allows you to set up and double-check your address before the drop occurs, and can remember your previous payment options once you’ve ordered with us. We accept the following payment types: [insert shop payment options here]
  • We do not offer cart holds on our current system. If multiple individuals have the same item in their cart, the first to purchase the item will be the one who receives it.
  • We do currently offer cart holds, but those holds have a time limit of 5 minutes. Once the time has run out, the item will be ‘returned to shelf’ where another individual may add it to their cart. Regardless of the hold system in place, it is best to have your payment method and address ready at the time of purchase.

• Order Combinations

  • We will automatically combine any orders made by the same individual going to the same address as long as they are purchased within 2 hours of each other. Shipping fees for the additional orders will be refunded, minus a $2 fee to cover the additional shipping weight cost.
  • We are willing to combine orders placed within 2 hours of each other. To combine shipping, please send us a message through our Contact Us page within 2 hours of your final purchase. Include the order numbers you’d like combined in the body of the note, and title your inquiry “Order combination.” For example, if you purchase one toy at 12 pm, and another at 1 pm, you’d have until 3 pm to send a message to get your orders combined. Additional shipping costs will be refunded from combined purchases.
  • We do not currently offer combined orders. If there are multiple items you are interested in, please be sure to add each item to your cart before making a purchase.

• Address Changes

  • We do not offer address changes. Please double check that your address is correct before making a purchase from us.
  • We offer address changes within 12 hours of purchase. You must notify us via Contact Us with your order number and confirm the correct address. Any requests made outside of the 12-hour window are not guaranteed to be honored.

• Order Questions

  • Any order questions may be directed to our Contact Us form. Title your inquiry with an order number and the closest approximation to what you’d like to know. If you need to know the shipping status, include that. Add as much detail into the body of the message as you think is needed to convey what your question is. We’re happy to work with you about any questions, comments, or concerns!

• Shop Responsibilities and Customer Responsibilities

  • Our shop strives to create durable, beautiful works of art that serve a function. As such they are thoroughly tested for strength and durability. Having said that, don’t attempt to see how far you can pull or twist a toy and expect it to remain in perfect condition. Our products will stand up to regular use, but not abuse.
    
    If an item arrives with undisclosed flops in its original packaging, we are responsible for correcting the issue. Customers who damage products after opening the packaging are not eligible for any form of compensation or refund.
    
    To maintain a toy from us, gently wash with soap and water or boil them. Toys with specialty pigments and materials (Such as Near Clear silicone or color-changing) may lose some of their vibrance after long exposure to the sun or boiling. Toy storage is the responsibility of the customer, but we advise storing our toys only with others you know are made of 100% platinum cure silicone.

• Toy Care

  • Carefully look over your item as soon as it’s received and still in the bag. Minor differences or imperfections are to be expected due to the hand-made nature of our products, but larger undocumented flaws need to be addressed. We can only help if your product is still in its original, unopened packaging.
    
    After unpacking your new toy, it might have a ‘tacky’ or sticky feel to it. This is especially present with Super Soft (00-20) toys. Toys are washed before we send them out, but we advise cleaning them again before use to ensure any residual substances are removed.
    
    The easiest way to clean your toy is by using soap and water or by boiling them. Some toys do use special pigments or materials that cannot be boiled, however. For those materials we advise soaking the toy in a 1% bleach solution or by using rubbing alcohol. NEVER boil bleach.
    
    When it comes to toy storage and use, we advise storing your toys only with toys you know are made of 100% platinum cure silicone. In that vein, only use non-silicone-based lubricants. Toys may leave a mark if left on an unfinished wood, glass, or particle board surface. Some types of glass have been treated with a finish that can cause damage to your toys, so testing glass before placing your favorite piece on it may be beneficial.

• Customer Information/Data Protection

  • Please note that by visiting our site we will collect certain information about your device, your interaction with the site itself, and information used to process your purchases. “Personal Information” by our definition is any information which may be used to identify an individual. When you order through any device, we may be able to see your web browser, IP address, search terms, which sites or products you view, and how you interact with our Site. These pieces of information are used to load the Site as well as provide analytics to our host to optimize site performance.
    
    Personal information such as your name, billing address, shipping address, payment information (including card numbers), email address, and phone number are collected to fulfill your order(s). This information is needed in order for us to perform an exchange of goods and services. The information is sourced directly from you. When an order is placed through the Site, we will retain this personal information for our records unless you ask us to erase this information.
    • Your consent;
    • The performance of the contract between you and the Site;
    • Compliance with our legal obligations;
    • To protect your vital interests;
      
      We will share your personal information with our service providers (website hosts) to help us fulfill our contracts to you. Additionally, we may share your personal information to comply with applicable laws and regulations, respond to a subpoena, search warrant, or other lawful request for information we receive, or otherwise to protect our rights.
      
      Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
      
       

  If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

  We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

  Our processor Site uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

  Services that include elements of automated decision-making include:

  • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
  • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.
     

  If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

  If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
  
  If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

  We may be contacted using our Contact Us form, [email address], or at our physical address:

  Company

  Street

  City, State, ZIP code

  Regarding any questions, concerns, or if you would like to make a complaint to us. If you are not satisfied with our response to your inquiry or complaint, you have the right to lodge your complaint with the relevant data protection authority.