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 ecommerce 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!
Who is this template for?
- Ecommerce websites
- Online shops
- Websites that sell products and services online in Australia
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 everything you need:
- 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.
You can also publish your T&Cs on your website as a new page and place a link in the menu or footer together with your Privacy Policy and Website Terms of Use.
What’s the difference between Website Terms and Conditions of Sale and Website Terms of Use?
Website Terms of Use set out the rules for visiting and using your website, and they apply to every website visitor. They include a disclaimer to limit your liability and help to protect your intellectual property.
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!
Do I need a separate Refund Policy page on my website?
No, refunds are already covered in your Terms and Conditions.
However, you might want to add a Refund Policy page to your website to make it easier for customers to find the information.
IMPORTANT: If you do decide to add a Refund Policy page, it should mirror the terms you include in your Website Terms and Conditions of Sale.
In other words, the info displayed on your Refund Policy page should be the same as what you have written in your T&Cs.
What if I sell to Australia AND overseas customers?
No worries, you can still cover this in one document. Just make sure you update any relevant sections on payment, shipping, returns etc to include international customers.
Generally you want the governing law for your legal agreements to be where you are based, so that if a dispute arises you are covered by local laws.
Note, if you sell or market to customers in Europe, you will also need a GDPR Privacy Policy to comply with EU privacy laws.
Is this Website Terms and Conditions template legally binding?
Absolutely!
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.
