Website Terms And Conditions

A website presence is a fundamental tool for an expanding business, whether just for advertising or for providing an online sales channel.

An alluring website is the first step, but legal issues governing the operation of a website and sales from it cannot be overlooked. Appropriate terms and conditions are not only an essential legal requirement, but a vital means of gaining customer confidence and building a credible brand.

Be aware of the legal regime

Any organisation advertising or trading on the internet, whether a fledgling business or an established operation expanding its e-commerce presence, is subject to a panoply of laws. Most of these already apply to the traditional retailer, but there are many additional provisions which apply to online operators and others trading at a distance which can trip up the unwary trader and create avoidable problems.

Governments of EU member states decided during the infancy of the internet that appropriate EU-wide legal provisions should be implemented to foster confidence in internet commerce and to gain consumers' trust when they are not dealing face-to-face with suppliers.

"Why can't I just use my usual business terms and conditions on my website?"

A canny supplier may be able to recycle his normal trading terms and conditions for online use. Even well-drafted 'offline' terms and conditions will need certain changes and additions to bring them into line with the rules for website contracts.

All sole traders, partnerships, companies and other legal entities must disclose certain key details, such as postal or trading addresses, email address(es), VAT registration number, a company's country of registration and its registered number. There are special rules where the supplier of goods or services is a member of a regulated profession or industry or a member of a trade body.

Accordingly, laws specifically regulating e-commerce will mean significant 'topping and tailing' of traditional terms and conditions to ensure legal compliance (see below).

"What do I need in my website terms and conditions?"

There are various laws which specifically affect internet trading. As well as the normal provisions in sales contracts relating to the price and payment provisions, restrictions of the supplier's liability and other standard 'boilerplate' clauses, there are special requirements for e-commerce contracts.

For example, the customer must be told whether the price includes VAT and delivery costs and how and...