Merlinpa1969:
Nope,
there really are NO Legal authoritiues to report to
what theyare doing ISNT illegal,
there templates WORK as is,
they just dont allow ANY flexibility
I've been following this thread for some time with interest. I kind of hoped that templatemonster would step up and decide to provide quality templates that work out of the box like the free templates here do.
On the other hand I've been listening to people moan about not being able to do anything about the fact that the templates they sell don't perform as expected, about how they invested alot of money then spent hours trying to fix it, etc...
Now, I am not an attorney. I am rather learned and have extensive legal experience from a corporate perspective vut I am not an attorney so lets get that part straight from the git go. The below is just my thoughts and opinions you might say.
I took a look at the templatemonster site with respect to zen cart templates.
I noticed a few things of interest.
They say amongst other things:
"we guarantee the high quality of our Zen Cart Templates"
"Zen Cart Templates....are presented to provide you with the simplest solution in setting up your own Zen Cart store"
"Be sure that the ZenCart Template that you purchase is a premium design and contains all the necessary files for easy installation and customization"
" Now imagine - you can create your own ecommerce store in no time and start earning money right away"
"The only thing you need to do is browse our collection of Zen Cart templates and choose the one that meets your needs and wishes"
Zen Cart Templates displayed on this page can be easily installed within several minutes."
Of note is they are also selling the templates point blank as being "1.3"
1.3 implies to me they are fully compatible with 1.3 Zen Cart meaning withn the "Standard of the Trade with respect to 1.3 Zen Cart".
If I go to where I will find the "standard" of the zen cart trade, which happens to be the Zen Cart site where the zen cart developers reside there I will find a lot of "1.3" templates, for free. If I try any of them or all of them I will find they work within certain standards and in fact with respect to the "standard of the trade" (The trade in this case being the Zen Cart Templates) they are all basically the same. Note this because it will make a distinction a little later in this argument I pose.
And on the same page they copy verbiage direct from the zen cart teams open source softwares selling points:
"Zen Cart offers many features: Improved Template System..." (my emphasis)
Then on the zencart site this is said about the template system in relation to the software: (Which I must assume is the "improved template system")
XHTML 1.0 compliant - nearly table-less layout
change the colors, fonts and many graphics using Cascading Stylesheets
add, move, remove sideboxes via the Admin Tool
template overrides that do not get overwritten during upgrades
override functionality without having to learn PHP
create as many different looks as you would like and choose them from the admin
Now, if I didn't know better and I was to read carefully the templatemonster sales pitch along with the Zen Cart sales pitch associated on the same page of their templates they want me to buy and absent any other disclaimers bold or otherwise, I would, as a reasonable person think, based upon templatemonsters words, that their templates are not only "compatible with zencart" but also function in the same manner any reasonable person, novice or expert, with zen cart would expect or anticipate.
Meaning, that I would believe there to be an agreement, a correlation, between the templatemonster sales pitch and the zen cart standard vis a vis, "improved template design."
That's just one factor. The other factor is this "ease of installation- in just minutes." From what I am hearing, this is not entirely true and in fact the templates don't work the same as a standard "zen cart "improved template design" template and cannot be installed in mere minutes so as to work within the same standard of a standard zen cart template as provided by the zen cart community (which as the developers set the standards of the trade by virtue of their development.)
And there are many more pieces of the above I can pick apart from a logical perspective.
My point is, it sounds to me at the least like it might be false and misleading advertising especially as it relates to the Zen Cart "standard of the trade" and templatemonster implying that their templates meet the Zen Cart "standard of the trade".
In such case there is plenty that can be done.
And it sounds to me also if indeed it is false and misleading advertising that there is the possiblity of something called a class action lawsuit by those that purchased a templatemonster zen cart template that were not satisfied and not refunded their money which was invested in a template that proved to be sold under false advertising.
And then there is also the tort called "fitness of merchantability". This is a rather complex area of law as described in the uniform commercial code. In essence this area states, amongst other things, that there is an implied warranty of fitness and/or merchantability in a particular area for a particular purpose and that the seller is guaranteeing the product to be fit for that purpose. What I find interesting about this area of law in reference to this templatemonster scheme is that with respect to the "merchantability" section of the ucc code it states that "The goods must conform to the standards of the trade as applicable to the contract for sale." Now, if I am selling a zen cart open source "1.3" template that is being sold with all of the above referenced promises of ease of use and compatibility and how great thou art along with the alluding towards the zen cart verbiage what would be considered "conforming to the standards of trade?" In my mind that means a zen cart template that works like all the other zen cart templates like I can find here on zen cart because I know those templates to conform to a certain "standard of the trade, as this "standard of the trade" is a standard that has been established by the Zen Cart developers themselves which happen to be the Zen Cart trade per se and those templates found here are all the same in that regard. See where this leads us with respect to templatemonster?
Otherwise, if I was a big corporation afraid I might be sued in a class action law suit by a group of disgruntled customers that got together and pooled their resources to go after my deeper pockets or at the very least cause me some legal misery of having to defend myself because I knew my templates didn't really work according to the Zen Cart Standards of the Trade, then I might do two things to "separate myself". One I might say boldly and in big bold letters on each page where I sold my templates
"THESE TEMPLATES OFFER NO IMPLIED WARRANTY OF MERCHANTABILITY" And I might also add: These templates may not be the same or work the same as a Zen Cart Template as provided by the Zen Cart community at large in that they may not use the same "design scheme or compatibilty scheme or standard of the Zen Cart commuinity developers that others use and may not comply to the same standards of trade of the Zen Cart development community blah blah.."
(In compliance with specific requirements as per the UCC so no one sues my pants of for misleading and misrepresenting advertisement and false claims)
Now, like I said I am not an attorney. And I am not telling any disgruntled consumers to file a class action lawsuit or take other measures such as going to the Consumer affairs dept of the state attorney general or the FTC or anything like that and I've never bought a templatemonster zen cart template myself. I'm just giving my thoughts on what I have been hearing in the above thread and how certain legal arguments may or may not apply...
Just something to ponder.... :lamo: