What is Enforceable in a TOS?

[Carlos Is Sleepy]

So, it seems a lot of people have "Do not chargeback" in their TOS or "Refunds will not be given". However consistently these are ignored and when brought up in a scam report, it rarely influences the outcome of it.

So I want to know what is actually enforceable in a TOS? When will a TOS help provide seller protection on both MCM and PayPal?

 

[Carlos Is Sleepy]

If you want the TOS to apply to paypal, the best you'll be able to get is having them add to the notes of the payment.
Ie, have them pay paypal f&f , and in the notes of the payment add "This payment is for digital goods, by making this payment I confirm I'm the authorized account holder, and that this payment is final and not refundable under any circumstance"
from personal experience, paypal will be more willing to help you in that case.

As for mcm scam reports section, no one cares and no one will pay any mind to your tos in any case.

Ah good to know lol.

Also when using PayPal invoices you're able to write your TOS as part of the invoice. Not talking about just a typical G&S or F&F payment through PayPal.

 

[Harry]

In a situation where one party hasn't provided on their side of the deal, I think we can all agree that terms such as "Refunds will not be given" are quite unjust. There's actually a term in contract law for this, called unconscionability ("Unconscionability is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power.").

I cannot speak on behalf of scam resolvers, so this is, of course, my own opinion; for a TOS to be enforceable, it must be clearly presented to the user, and they must explicitly agree to it (no - "you agreed to it when you did a deal with me").

Further, the terms of a TOS actually have to be reasonable for both parties.