I don't take checks, so can I destroy them?

A question for Americans

[geekay]

I'm not really in e-commerce, but on one page there's one small item on sale. The item is mainly for Europeans, but occasionally Americans would like to purchase it, and here the problems often start. (I do state the price in $ too, in case someone wants to use PayPal or send cash.)

Within the Euro countries (i.e. most of Europe) one can make direct transfers between bank accounts at no cost or almost no costs. Safe, simple and straightforward. TOS clearly states: "no checks, no CC's". You see, the price of the item is only US$30.

I can't consider checks for e.g. the following reasons:
(i) It has proved to be impossible to make senders understand that they must add US$10 to cover my extra bank charges for a foreign check.
(ii) If the check bounces (which has happened) my bank charges the minimum fee, some US$50. I also lose the merchandise sent. (Clearing takes two to four weeks.)

Now to the question. Do I have to return a check sent against my TOS? There's generally no e-mail address in the letter, so it's difficult to ask the sender for instructions. Can I just destroy the check and throw it away? Would I have to say that in the TOS?

If I'm expected to return a check not accepted, should I make it invalid in some way, like writing "cancelled" over it? I don't want the sender to, say, claim that someone has cashed his check while he has not received the item.

[edited by: geekay at 6:14 pm (utc) on Mar. 22, 2005]

[Gibble]

Well he can't just claim it was cashed, the bank would have a record of that...

[jimbeetle]

There's generally no e-mail address in the letter

You must have a mailing address that I presume you then use to tell the person that you are not going to fulfill the order. Simply return the check with that notification.

[roycerus]

Just wondering HOW people are sending you cheques? You must have given your local address on the website. Remove that! Or mention clearly that cheques will not be accepted and will be destroyed on receiving. Unless you deposit the cheque to a bank there are NO legal claims.

Regards,
R

[geekay]

I would prefer to keep the local address on the site, because every now and then people send cash, and that's OK.

Maybe I just have to say out that checks will be destroyed without notice. But everybody could take offence at such text.

[jimbeetle]

I'm still curious here, geekay.

For the people who send you checks in the mail for which you do not have an e-mail address, how are you notifying them that the order is not going to be shipped? Letter? Telephone?

[geekay]

Yes, Jim, that's exactly my problem. They give me their postal address, of course, so I return the check with an explaining letter. It costs me the postage and some labour, but maybe I shouldn't overstress that. It's just that I'm sort of tired of this useless traffic.

Over the years I've tried to tweak the TOS, but however hard I try to write more clearly, the text never seems to be clear enough for everybody. Actually, I'm afraid some people don't read TOS.

Added: Order simply takes place by remitting the payment.

[jimbeetle]

Okay, that clears it up. Well, for the folks that do send you checks you really don't have much choice except to send them a note and return the check.

As for the ToS, if it's on a separate page (or even somewhat incoveniently located on the same page), you're right, most people won't read it. Not much recourse here except to plainly note the payment terms directly next to the price and ordering instructions.

But it still won't stop everybody...

[Rugles]

Just write "Void" on them. Hang on to them for a few months in case somebody contacts you and wants it back. Then destroy them, this way you have covered you behind.