What are Website Terms and Conditions of Sale?
Website Terms and Conditions of Sale are the terms you set for customers who purchase goods and services on your website.
They form a legal agreement which customers accept when they place an order through your website. All of your important terms and conditions are included in this document, such as payment, delivery, refunds and warranty.
If you’re looking for a terms and conditions template for your website, you’ve come to the right place!
Do I need this on my ecommerce website?
Yes, it’s a legal requirement under Australian Consumer Law. You MUST display T&Cs on your website if you are selling online. ACL gives consumers certain rights and guarantees relating to refunds, repairs or replacement of goods and services.
The ACCC can issue fines for websites which are non-compliant.
What does the Website Terms and Conditions of Sale template cover?
Our Website Terms and Conditions template includes the following clauses:
★ eCommerce – no agreement formed until you process and accept an order, and send confirmation to the customer
★ Payment – T&Cs for payment, payment methods you accept etc
★ Discounts and Coupon Codes – your policy for discounts and coupon codes
★ Store Credit – your policy for store credit
★ Gift Vouchers – your policy for gift vouchers
★ Postage and delivery – shipping costs, dispatch timeframes, delivery timeframes and other important details
★ Events Beyond Control – force majeure clause to cover you for events beyond your control
★ Advice and Information – important legal disclaimer
★ Australian Consumer Law (ACL) – this clause is mandatory and must be included in your T&Cs to comply with ACL
★ Refunds – procedure for customers to follow in order to request a refund
★ Intellectual Property – to protect your intellectual property rights
★ Dispute Resolution – process to deal with disputes if a customer has a complaint or is unhappy
★ Termination – how you can terminate the agreement
★ Jurisdiction – the governing law for your agreement
Australian Consumer Law – what’s required?
Australian Consumer Law requires you to include the following details in your Website Terms and Conditions of Sale:
- A statement that you comply with Australian Consumer Law
- How you will provide a refund, repair or replacement of faulty products
- Details of your guarantee
- Details of any warranty (if you provide one, which is not obligatory)
Remember, you cannot have a blanket “no refunds” policy in your T&Cs. You are required by law to guarantee your goods and services against faults or if they do not perform as advertised.
Where should I publish my Website Terms and Conditions of Sale?
It is standard practice to display a tickbox linking to your T&Cs in the shopping cart or checkout. Customers must click an “OK“, “I Agree” or “I Accept” button before they complete an order. This is known as a clickwrap agreement.
Many popular eCommerce platforms such as Shopify, WooCommerce and Big Commerce make it easy to publish our terms and conditions template through their backend settings.
Website Terms and Conditions of Sale are specifically for customers who place an order through your website to purchase goods or services. They cover terms for payment, delivery, refunds, warranty etc.
I’m just starting my eCommerce business, do I really need this?
Yes, it’s the law. You must display T&Cs on your website if you are selling goods and services online.
You don’t really have a choice – under Australian Consumer Law, you must display T&Cs on your ecommerce site.
Make sure you sort this out before you start selling!
Can I have a separate Shipping Policy page on my website?
Yes, you can have a separate Shipping Policy page on your website. However, it should mirror the terms you include in your Website Terms and Conditions of Sale. In other words, you should copy what is in your T&Cs and make sure the same information is reflected in your Shipping Policy.
If you only had a Shipping Policy on your website, a customer could argue that they did not accept the shipping policy, and are therefore not bound by it.
Can I have a separate Refund Policy page on my website?
Yes you can have a separate Refund Policy page on your website. However, it should mirror the terms you include in your Website Terms and Conditions of Sale. In other words, you should copy what is in your T&Cs and make sure the same information is reflected in your Refund Policy.
If you only had a Refund Policy on your website, a customer could argue that they did not accept the refund policy, and are therefore not bound by it.
Is this Website Terms and Conditions template legally binding?
All of our templates have been drafted by qualified Australian lawyers who hold an Australian legal practicing certificate.
We are affiliated with a commercial law firm based in Sydney.