Creating an e-commerce website is a complex task that requires, among other things, the clear definition of“terms and conditions of sale.” These clauses set the rules of the transaction, protecting both seller and buyer and ensuring clear and safe browsing and buying.
Online terms and conditions of sale are, therefore, a fundamental document for any e-commerce website. This document governs the relationship between seller and buyer, defining the rights and obligations of both parties.
In this article, we will look in detail at what the terms and conditions of online sales on an e-commerce website are and why they are essential.
What are terms and conditions of sale or terms and conditions of purchase?
The “terms and conditions of sale,” as mentioned, represent the legal agreement between the owner of the e-commerce site (the seller) and the customer (buyer). They dictate the rules for making purchases on the site, establishing the responsibilities of both parties.
The terms and conditions of online sales, therefore, are a contract between seller and buyer, concluded at a distance through a website. This legal document must be accepted by the buyer prior to purchase, and is an integral part of the purchase and is legally probative and binding.
Key elements of the terms and conditions of sale.
- Description of Products: Accurate detail of the products or services for sale, including price, features, availability, and any limitations.
- Payment Methods: List of accepted payment methods and details on security and protection of payment data.
- Delivery and Shipping: Information on delivery time, cost, and mode of delivery, as well as possible geographic limitations.
- Right of Return: Explanation of the customer’s right to return the product and receive a refund, and the conditions and timeframe within which they can exercise it.
- Warranties and Service: Details of any warranties offered and how to request service or warranty work.
- Responsibilities: Clauses defining the responsibilities of the seller and the customer under various circumstances.
- Privacy and Data: Information on the collection, use, and protection of client’s personal data.
- Changes to Terms: Ways in which the seller can make changes to the terms and conditions and related notifications.
Required content
Online terms and conditions of sale must contain a number of mandatory disclosures, including:
- The identity of the seller and the buyer;
- The object of the contract, that is, the goods or services being purchased;
- The price of goods or services;
- Payment methods;
- Methods of delivery;
- The terms of withdrawal.
In addition to the mandatory information, it is advisable to include in the online terms and conditions of sale a number of additional information, such as:
- The terms of use of the website;
- Privacy policy;
- Return policy;
- Refund policy.
Why are they essential?
- Clarity and transparency: They help to establish a relationship of trust with the customer by providing all the necessary information for an informed purchase.
- Legal protection: They protect the seller from possible litigation by establishing the rules of the transaction in advance.
- Sales Standardization: Provide a uniform basis for all transactions, ensuring consistency in the shopping experience.
How to draft terms and conditions of online sales with specific attention to unfair terms in ecommerce.
Creating an e-commerce is not only about the aesthetics and efficiency of the site, but also about the clarity and legality of transactions. A key aspect, often overlooked, is the presence and understanding of any unfair terms in the “terms and conditions of sale.” Let us now explore their ease of use and the importance of double ticking.
Ease of use compared to traditional contracts
Online “terms and conditions of sale” have several advantages over traditional pen-and-paper contracts:
- Accessibility: They are always available for reference, at any time and from any device.
- Interactivity: They may contain links to related sections or further information, making it easier for customers to delve deeper into certain topics.
- Ease of updating: Any changes can be implemented immediately and made visible to all users.
- Greater clarity: The ability to use images, videos or infographics makes some complex concepts easier to understand.
The importance of double ticking for acceptance of unfair terms.
In e-commerce, it has become common practice to ask users to agree to “terms and conditions” before completing a purchase. However, in some cases, it is advisable to adopt a “double tick” system:
Acceptance of non-harassment clauses: This is the first tick, by which you accept the general terms and conditions and the main responsibilities of the seller and the buyer.
Acceptance of Vexatious Terms: Some terms may be considered “vexatious,” meaning that they could create an obvious imbalance between the rights and obligations of the parties, to the detriment of the consumer. For such clauses, it is recommended to have a separate second check mark, making sure that the client is fully aware of them and specifically accepts them and, most importantly, that there is evidence that he or she has actually read them.
See the video below to understand how to make them in compliance:
Why is it so crucial?
- Increased Legal Protection: Having a separate checkmark for particular clauses reduces the risk of future disputes and ensures that the client has been clearly informed.
- Transparency: It shows honesty and transparency on the part of the seller, strengthening trust with the customer.
- Compliance with Regulations: In Italy it is mandatory to obtain separate consent for clauses considered vexatious or particularly invasive.
In summary, “terms and conditions of sale” are an essential tool for anyone running an e-commerce website. They not only provide greater legal protection for the seller, but also a clear understanding of the terms of sale for the customer, promoting a positive and safe shopping experience.
Look, in the world of e-commerce, clarity, transparency and ease of use are essential to building trust with customers. The implementation of well-structured “terms and conditions” and the adoption of a “double tick” system are key steps in this direction.
Well, all you have to do is contact me and leave the drafting of your terms and conditions for your ecommerce to me.
See you next time!
Lawyer Orestes Maria Petrillo