Checklist For Getting Your E-commerce Business Terms And Conditions Right

• Published date: 28 March 2023
• Subject Matter: Corporate/Commercial Law, Litigation, Mediation & Arbitration, Transport, Contracts and Commercial Law, Marine/ Shipping, Arbitration & Dispute Resolution
• Law Firm: Logan & Partners
• Author: Isadora Werneck

Terms and conditions (T&Cs) are the terms of the legal contract between your business and your customers for the supply of goods or services that sets out the rights and obligations of the parties. This agreement governs the relationship with your clients and is essential when starting your online business.

What you must include in your T&Cs depends on different factors, such as your business type, your potential customers (consumers only, business only - or both), which service or product is being offered, among others. However, the following terms should generally be included in any agreement.

1. Acceptance of the T&Cs: include an acceptance clause indicating how users can accept the T&Cs, and explain that the document is a legal contract between the parties that will govern the scope of the relationship. You must also inform users that they should only access or purchase your services or register an account if they agree to your T&Cs.
2. Information about your business: provide clear and accurate information about your business, including its legal name, registered address, and contact details. Typically, you can place this information at the top of your terms and conditions (e.g., "who we are" section).
3. Description of the services or products: provide adequate, concise and transparent information about what you are offering to your clients. This should include comprehensive information about the products or services, including their main characteristics, specifications, limitations, and any relevant health and safety warnings. You may also include disclaimers about the products or services you sell. For example, if you are selling medical products, you can state that people should seek medical advice before purchasing your products.
4. Price and payment terms: provide information about the purchase price of the product or service and how the payment process works. For example, describe how the final price will be displayed to the customer, including all taxes, fees and charges, etc. As well as setting out how customers can pay (e.g accepted payment methods and payment steps), provide information about your payment terms, and the consequences of late or non-payment.
5. Delivery and shipping: clearly describe information about your shipping and delivery policy, including when customers can expect to receive or access the product or services if there are any shipping costs, who bear such costs, and when the customer becomes liable for the goods.
6. Right of...