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If you’re an eCommerce business, you’ll need to have the right Terms and Conditions for your website. This is to protect both you and customers who visit your website in case anything goes wrong.
But if you’re selling alcohol online, your Terms & Conditions will look a little different. More specifically, it needs to cover provisions around liability for the sale of alcohol.
If this sounds like your business, read on to learn more about your obligations around liquor laws in Australia.
Why Do I Need Terms And Conditions?
Terms and Conditions (T&Cs) are essentially a list of terms that users or customers must agree to before they use your service, or in this case, your website.
For example, a user might need to agree to create an account with a business before using their website to purchase something. This is something you’d include in your T&Cs.
Your T&Cs are something you should have when you first launch your website. This way, you can secure protections and rules around liability from the very first user.
What Do Terms And Conditions Look Like?
T&Cs can look a little different for each business. For example, if you’re selling alcohol through an online store, your T&Cs may require the user to click ‘I Agree’ to those terms before they can purchase anything from you.
It’s also a good opportunity to let the user know of any risks associated with the use of your website. For example, if you’re collecting their personal information for any reason, you’d need to disclose this on your website.
Collecting personal information means you’re also bound by the Privacy Act 1988 – this comes with a number of other obligations and due diligence on your end, so make sure you understand your privacy obligations as an eCommerce store.
This way, you can ensure your T&Cs are compliant with other aspects of your business.
| Example Dennis runs an online shop which sells alcohol and other non-alcoholic beverages. He wants to clarify that he won’t accept returned items unless they are faulty or the incorrect order. So, he includes this Refund Policy in his eCommerce Terms & Conditions. Customers need to agree to this condition before they purchase any drinks from the store. |
What Should Alcohol Terms & Conditions Include?
Like we mentioned before, T&Cs will look different for each business. If your online business sells alcohol, your T&Cs will need to cover specific risks and liabilities, such as the following:
- Payment – how will users pay for their items? Do you offer Afterpay or PayPal?
- Delivery of drinks – can users get their items delivered or picked up? What if something goes wrong during delivery?
- Liability – if something goes wrong on the website (such as the online order), who is responsible?
- Privacy – will you be collecting users’ personal information? If so, you may need a Privacy Policy
- Disclaimers – if your business carries risks, you’ll need to be transparent with users about these
What Else Do I Need?
If your business is selling alcohol, your Terms & Conditions will also need to cover other requirements. This is because there are certain state and federal based laws which regulate the way that alcohol can be sold.
For example, in NSW, you can apply for different types of liquor licences. This will depend on what activities your business engages in.
Essentially, you need a liquor licence to sell alcohol. The sale of alcoholic beverages is heavily regulated.
For instance, your employees who serve alcohol will need to complete training in the Responsible Service of Alcohol (RSA).
Where Can I Get Terms & Conditions For My Online Store?
Terms & Conditions need to be drafted specifically for your business and the nature of its activities. So, it’s wise to chat to a lawyer to ensure you’re compliant with certain laws and cover all grounds.
At Sprintlaw, we offer an eCommerce (Alcohol) Terms & Conditions package which includes the following:
- Drafting eCommerce (Alcohol) Terms & Conditions in accordance with your business’ requirements
- Phone consultations with a Sprintlaw lawyer who can advise you on the legal issues that apply to you
- 1 complimentary amendment to the final draft we provide you
Next Steps
Running an eCommerce business comes with a number of legal considerations. Whether it be your Terms & Conditions, Privacy Policy or Complaint Policy, our lawyers are happy to help.
Chatting to a lawyer about these considerations can ensure your legals are tailored to your needs, so you’re well protected.
If you would like a consultation on your options going forward, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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