If you operate an eCommerce business and sell physical and digital products, it’s likely your customers will purchase both products together. As an online business, you may want to bundle products which may be both physical and digital products together to provide a better value proposition to your customers. 

So, it’s a good idea to have terms and conditions that cover this bundle offer. Sprintlaw offers a Bundled Product Terms and Conditions package that can be tailored to your business’ needs. 

When Would I Need Terms & Conditions?

A business needs Terms & Conditions if they provide a product or service to customers. These customers need to agree to these T&Cs to engage with your business and your products. It sets out the roles and responsibilities of you and your customers, and ensures that minimal issues arise during the transaction. 

For example, T&Cs might cover how customers pay, what happens if something goes wrong with the transaction, who owns IP and who is liable if information gets lost. Having a set of comprehensive T&Cs will provide your business with extra protection from any potential disputes with your customers. 

T&Cs will need to be a little more thorough if your business is selling physical and digital products, as more matters are to be covered. This is why it’s a good idea to get help from a lawyer to draft these T&Cs.

How Does It Work?

Generally, T&Cs can take many forms. 

For goods you sell online, you may have a check box for users to select when they purchase a product. Alternatively, you might choose to have a clear disclaimer on your website about the risks involved in their purchase. 

For physical products, they might be attached to the back of an invoice or a form. This also makes things easier for customers so they don’t need to worry about signing anything and have a hard copy on hand. 

Either way, T&Cs can be a valid contract, so it’s important that the terms are carefully drafted, and both parties are clear on what they mean. It’s important to get a lawyer to draft T&Cs for your business to ensure you are protected and compliant with relevant Australian consumer laws. 

Sal runs an eCommerce business selling board games, cards and mind teasers Australia-wide. Sal is ordering a new board game, Majestic, from one of his suppliers and has been offered the option to add on limited edition digital cards for an additional cost. 

Majestic is anticipated to be the board game of the year, so Sal wants to ensure he can bundle the board game and digital cards together as one offering to his customers. Sal’s supplier suggests he draft terms and conditions for the bundled products. 
Doja has been running a successful language bookstore and has decided to set up an online store to grow the business. Doja has only ever sold hardcopy language textbooks, but there has been a lot of interest from customers wanting an audiobook add-on.
Luckily, one of the language book publishers that supply her with books has started offering audiobooks add-ons. Doja decides to offer a bundled product by selling the standard language textbook with a code to an audiobook her customers can access. 

What Is Included In A Bundled Product Terms and Conditions? 

Our Bundled Product T&Cs package includes the following:

  • Payment terms – this covers the process and rules around payment for the product or service.
  • Delivery options – this covers how the product can be delivered, and any relevant risks around delivery. For example, who is liable if the package is lost on the way?
  • Refunds – this should outline your policy for refunds or exchanges. For example, you might not offer refunds unless the item is faulty. 
  • IP protection – your T&Cs should also cover ownership rights and handling of your IP, so it doesn’t end up in the wrong hands. 

Need Help?

T&Cs might sound like another small task to tick off your checklist, but it requires expert help and insight as every business is different. It’s also not a good idea to copy T&Cs from another website, so try to steer away from breaching IP laws! 

Having the right T&Cs in place for your business is essential, so you want to make sure you have the right legal help. Sprintlaw has a team of expert lawyers who offer phone consultations to advise you on the legal issues relevant to your specific business’ needs.
We also offer a complimentary amendment to the final draft as part of our package. You can reach out to us for a free, no-obligations chat at team@sprintlaw.com.au or 1800 730 617.

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