July 5, 2008

THERE'S NO PLACE LIKE HOME FOR THE HOLIDAYS

Attorney Jennifer M. Krueger
Murphy Desmond S.C., Lawyers

The holidays are here! It is time to find the perfect gift for that one person in your life that has every gadget, tool and item of clothing known to the human race. I have coined this adventure, "The Annual Find Something For the Person With Everything Challenge." To further increase the holiday pressure, this same person also tends to be extremely creative in their gift giving, having a knack to give you exactly what you need before even you realized you were lacking it.

You invade the malls and department stores, armed with a pocketbook and aspirin, to hunt for the perfect gift. Despite your courageous efforts in battling holiday crowds and not-so-festive sales clerks, your hunt is fruitless. And then, an idea!

You decide it is time for you to dust off that desk ornament (a/k/a computer) and take the bold step of navigating your way to the Internet. Through some true holiday miracle, you manage click that perfect sequence of keys to successfully find the perfect gift. After all, who wouldn't enjoy a wall mirror that says, "You're Wonderful!" in ten different languages? You have found a treasure, fit to please even the pickiest person, but consider the following items before you order:

Who Is the On-line Retailer? Practically anyone can set up shop on the Internet. Therefore, it is important to identify the on-line business' name, address, phone number and email address. A web site, NSI Who Is? http://www.netsol.com/cgi-bin/whois/whois, allows the user to enter the web site domain name to find information such as the web site's administrative, technical and billing contact.
What is the On-line Retailer's Privacy Policy and Legal Terms? Examine the web site's Privacy Policy and Legal Terms before making a purchase. Determine what the on-line business does with its customer information. Does it sell the information to other companies or does it keep its customer information confidential?
Examine the Sale Terms Before Making Purchases. Obtain information about the conditions of the purchase. Does the on-line business accept cancellations or allow refunds?
Determine the Web Site's Security. Today, security is a major issue for on-line businesses. The web site may have a policy explaining its web site security. Look for an unbroken key or padlock symbol in the bottom corner of the web browser. These symbols indicate data is being transferred securely. This is especially important when disclosing your credit card information on-line.
Use A Credit Card to Make Online Purchases. Credit cards offer customers important protections that are especially helpful when purchasing items on-line. For example, federal law states that a customer is only liable for the first $50 of unauthorized charges to his or her credit card account. In addition, using a credit card gives the customer the ability to dispute charges.
Maintain Records of Your Online Purchases. Web site contact changes at a moment's notice. It is important to create a paper trail documenting the private policy, legal terms, sales terms, security policy and order information in effect at the time you make an on-line purchase. These printed documents serve as the best weapons in the event of a dispute.

In the event you run into trouble with your on-line purchase, there are resources that will assist with on-line business complaints. The Federal Trade Commission ("FTC") works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace. You can contact the FTC at 1-877-FTC-HELP or on-line at www.ftc.gov.

The Internet has great holiday shopping opportunities. Access to thousands of stores is right at your fingertips. As with any purchase, it is important to understand the pertinent information before you click in agreement to an on-line sale. A little investigative work can make your on-line holiday shopping experience worthwhile. Happy holiday hunting!

Jennifer M. Krueger is an attorney with Murphy Desmond S.C., Lawyers, Madison, Wisconsin practicing in the areas of general business law and taxation.