What Are eCommerce Terms And Conditions?

eCommerce Terms and Conditions form a legal document that set out the terms and conditions by which customers can use your online store. It is an important contract that clarifies how online payments work, refund policies, dispute resolution processes, and can help to limit your liability to customers if something goes wrong.

When Do I Need It?

If you’ve created an eCommerce store, where you sell products to customers, then you need to have terms and conditions in place before your website goes live. If your eCommerce store is also available to users via a mobile app, desktop installation or otherwise, you should also ensure the terms and conditions are accessible to those customers.

How Do I Use It?

You should require your customers to agree to your eCommerce T&Cs before they purchase a product or register a user account. In addition, if there are any particularly important clauses, disclaimers or risks associated with your online store, it’s a good idea to place them in a prominent position on your website so that your users are unequivocally aware of them.

Usually, you can use a simple check box for users to select that states
“By registering my account, I agree to the Terms and Conditions & Privacy Policy”.

eCommerce Terms & Conditions Example

Sarah has created an online store selling brightly patterned socks. Sarah is particularly concerned about making sure that her customers agree to her refund policy. For hygiene reasons, she cannot resell opened packets of socks, so she wants to make sure that customers can only claim a refund if the socks are faulty or not what they ordered. She includes the refund policy in her eCommerce T&Cs. Before customers can complete their purchase, customers must check a box stating they agree to the eCommerce T&Cs.

Some Issues Typically Covered In eCommerce Terms And Conditions Include:

  1. Payment: What is the online payment process? Do you use an online payment provider (e.g. PayPal, Stripe)? What is your refund policy?
  2. Service Limitations: What level of service can you promise? Do you want to set any limitations on the level or services users can expect? What happens if there is downtime or if the service has bugs? What happens if your software is hacked and user data is lost or stolen?
  3. Delivery Or Pick Up: How can customers receive the products they buy? Do you have a delivery system? Can they pick it up themselves from a physical store? What happens if delivery is late?
  4. Disclaimers and Liability Limitations: To what extent would you be liable if something goes wrong or someone suffers loss as a result of using the online store?
  5. Privacy: How do you collect and use users’ personal information? Who can the user contact if they have questions or requests in relation to their personal information?

Need help with your eCommerce T&Cs?

Putting together eCommerce Terms and Conditions can seem like a daunting process, as it’s hard to know what to include and how to word it. It’s a good idea to get a lawyer to assist you with this process, as it’s a one-off cost that can save you from disputes and liability in the long run.

At Sprintlaw, we have a team of experienced lawyers who can assist you with drafting or reviewing eCommerce Terms and Conditions. Get in contact with one of our consultants for a no-obligation chat on how we can help you put together eCommerce Terms and Conditions and help with any other legal issues your business may have.

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