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United States: waiving FTC's cooling-off period

7:44 pm on Feb 26, 2009 (gmt 0)

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At the time of purchase, can a customer waive its right to the FTC's cooling-off period if such a waiver provision is included in the Terms and Conditions that must be agreed to in order to check out and purchase the item?

Do any merchants here have such a provision in their terms and conditions?

8:56 pm on Feb 26, 2009 (gmt 0)

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Wow, I can't help but wonder what you're selling (please don't post - it's a joke).

I'm not a lawyer, but I've paid a few to create online TOSs for different types of sites. Online Terms of Service agreements aren't like traditional contracts and there's a lot that's still left to interpretation.

Regardless of what your Terms say, you're still left with the burden of any dispute. The more rights that you attempt to limit with your Terms, and the more specific those limitations are - the more burden you'll have.

I'm not sure what the statute are surrounding a cooling-off period, but I doubt an online TOS would hold up if someone had a good enough lawyer.