E-COMMERCE WEBSITE TERMS AND CONDITIONS
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E-COMMERCE WEBSITE TERMS AND CONDITIONS
In this modern era, we all do our purchases under these E commerce platforms such as Amazon, Flipkart, Ebay, Alibaba rather than the retail stores. For every ecommerce platform, the legal requirements were considering their websites terms and conditions. The customer approaches and the guide for solving the arised problem in the ecommerce platform was clarified by their terms and conditions. Having your own good terms and conditions for your e-commerce platform will definitely help to make your business grow and protect all the legal clarifications.
E-COMMERCE MEANS :
E-Commerce or Electronic Commerce is the online platform for buying and selling of the goods and services, also the transactions for those were made by the help of the internet. E-commerce is generally for the trading and transaction by online mode.
In this modern era, Everyone has smartphones and prefers digital purchases over physical purchases. The popular ecommerce platforms such as Flipkart, Amazon, Myntra, are familiar among the markets. E-Commerce plays a vital role in digital transactions and trading. This platform helps the growth of small business into large and to sell the products easily to the large number of peoples and customers through the E-commerce portal.
WEBSITES TERMS AND CONDITIONS :
The E-Commerce website terms and conditions are considered as the contact between the customer and the E-commerce operator. Before entering into the website, it requires you to agree to the terms and the conditions for making any purchase, services and other rules and regulations for the site. The terms and conditions which protect the costumes from the dispute. It is also known as the users agreement.
The terms and conditions is an agreement for use of the portal or the site which includes all the user manuals, rules, regulations, terms of use, customer care services, the description of the products, delivery and shipments, payment transactions details, liabilities and legal protection.
We can find the terms and conditions of the website in the following ways :
- The opening page or verification of the website page, we can find the terms and conditions.
- Home page or profile page of the website.
- Transaction page of the website.
- Footer of the website page.
BENEFIT OF THE E COMMERCE TERMS AND CONDITIONS :
The terms and conditions are generally acting as an agreement or the contract with the buyer and seller. It helps to understand the use of the portal.
- It contains all the details about the brand products, seller and warranty of the products.
- The terms and conditions help to understand the sale and transactions.
- The terms and conditions can build the trust between the consumer and the business operator.
- It provides legal protection to the consumers in case of any disputes when it comes to online purchases.
Tips for the good ecommerce terms and Conditions :
- Make the content easy to understand by the customers.
- Refer and use the relevant clauses for making terms and conditions.
- For the reference use other sources for the terms and conditions but not to copy.
- Provide all necessary contents that the customer himself can understand or solve the issues.
DRAFTING OF TERMS AND CONDITIONS FOR E COMMERCE PORTAL OR WEBSITE :
Drafting the terms and conditions are not simple, it requires ideas, overview, description, and legal queries. The following points will improve the skill for drafting of the T&C for the Ecommerce website.
The terms and conditions are the agreement between the customer and the online business operator for accepting the mentioned terms and the conditions the particular products were purchased by the customer which based on the agreement the queries may resolve if in case of any disputes arise in the future.
Terms and conditions generator : The e-commerce portals terms and conditions which covers a lot of grounds and description. Online, there are certain free terms and conditions generators such as TermsFeed. The free tools for the T&C generator are available but it doesn’t focus on the legal grounds which basically differ from country to country. But it gives only the basic agreement and we can use the basic details of the T&C.
Using templates : The Templates are basically referring to the general clauses of others terms and conditions. It helps to improve the basic idea to formulate with the use of certain clauses and the descriptions which are very useful for the drafting. The country specific consumer laws should be easily gathered while using the templates for the study of the conditions.
Legal help : Seeking legal help is one of the best ways to cover the terms and conditions of the ecommerce portal easily. The specialised legal research can cover all the aspects of the terms and conditions simply. It should include all the notes for the law relating to the ecommerce, liability closures and transaction closure. The cost for making the T&C is high. In case if you have a low budget we can move to a further way to create yourself the T&C.
Other conditions : The other important conditions which include the drafter terms and conditions should be in clear language and accessible. It does not violate any consumer laws. The terms and conditions are regularly updated for legal protection. The unnecessary and the copied content should be copyright of the terms and conditions and should be avoided while drafting the T&C.
IMPORTANT ELEMENTS FOR ECOMMERCE WEBSITE T&C :
INFORMATIONS TO BE ACCURATE :
For the Ecommerce business is a business which a large number of products are subjected to for the sale. Those product descriptions and information should be provided accurately. Eg : price, quality, colour etc. The site information should be up to date maintained by the operator.
Eg : The famous retailer H&M Clothings, their site is not up to date maintained and the products information were not accurate. The colour of the cloth which showed online were not similar to the products received by the customers. So 54% of the customers decided to return the products which they bought online. This is important to note that the accurate information should be provided for the products which showed in the online ecommerce platforms.
TERMS OF SALE :
The terms of sales is important for the customers which indicates the product descriptions and who should purchase the goods and age limits were mentioned in the terms of sale. In the Terms and Conditions it requires to identify the customers about the sale.
Eg : if the age restricted products such as knives, material objects, medicines, alcoholic products were required for the limit of age to use. Such kinds of sales were prohibited unless the customer age does not satisfy the use of the product limit.
PAYMENT TERMS :
The payment terms relating to the product which sold online. It is the liability of the business operator to collect the money in the online mode which includes the shipping charges and the suitable tax for the products. And allows the customer to use all kinds of payment methods.
It includes :
- The payment method should accept the VISA, Master card, Rupay cards, UPI, and internet bankings.
- It also includes the details for the refund and returns.
- The description about the handling of the payment related disputes. (Providing customer services for the customer to clarify their issues)
- If the product is sold in the EMI options, the appropriate reminders should be sent to the customers regularly based on the EMI schedule.
- Discounts and coupons for the special days.
SHIPPING AND DELIVERY :
It is one of the main things that every customer was eagerly waiting for the products, goods which they ordered through the online ecommerce platforms. A lot of problems happened in this area due to late delivery, damage occurring in shippings. It is essential to fulfil the delivery on time without the damages. The appropriate shipping details should be disclosed to the customers. Delivery includes days of delivery, further consequences of delayed delivery and mode of delivery. It will also clearly say about the delay in delivery due to natural calamities.
RIGHT TO RETURN :
It is one of the special rights granted to the customers that the right to return which says that if the products were ordered by mistake or without the knowledge, or the damaged product or the mismatched products or oversized products. At the sametime the terms and conditions should be fulfilled for the product for the take of return. Eg : The product descriptions, that without the tag specified is removed the right to return should not be claimed which should be mentioned in the Terms and conditions of the product to avoid unnecessary returns. The refund should be instituted if the above terms and conditions of the products are satisfied.
INTELLECTUAL PROPERTY :
The intellectual property of the products, goods should be protected within the terms and conditions. The intellectual property which includes the logo, symbol, business name, site templates. The clauses should ensure the brands trademarks are not misused in the platforms. Since the products are from different companies, the portal must ensure that the intellectual property belongs to the manufacturer. Further, the portal should protect its interest against false copyright by the manufacturer.
RISKS & LIABILITY :
The terms and conditions should contain the risks and liabilities. It includes the damages, errors, defect, theft, interruption, injury of the products and all the causes of the action of the products that the customer should acknowledge that the service or the ecommerce platforms is not liable for the deformation, illegal conducts, third party risks with the customers.
The ecommerce platform is the online platform with the collection of all the brands available for the purchases. The customers should acknowledge the provisions and section in the terms and conditions. The customers accept all the terms and conditions after reading the agreement.
WARRANTY CLAIMS :
In case the product is purchased online if it has its warranty. The customer had the right to claim their warranty from the brand which under the products subject certain terms and conditions.
Eg : The product warranty seal should not be removed and satisfy the conditions of warranty. That information should be important for the terms and the conditions.
TERM OF USE :
The term of use generally deals with the use of the websites. It includes the website’s privacy and prohibited use. The customer should not disclose any indirect call, messages, and emails other than the platforms about the product should not disclose any payments, transaction and OTP. If incase of any disputes the costumes should only approach the customer care in the platforms only. If in case the customer disclosed any information or money to the third party other than the platforms and customer loses any money. The ecommerce platform is not responsible for the act. This information about the term of use should be in the terms and conditions.
DISPUTE RESOLUTION :
The dispute resolution clause which deals with the three ways to handle the dispute from the ecommerce websites. The governing law should describe the conflict and controversies in the terms and conditions. The court procedures, arbitration, negotiations are the certain procedures for the dispute resolution and settlement. The clear outline about the dispute resolution methods should be mentioned in the ecommerce websites terms and conditions.
OVERVIEW :
The terms and conditions are very important for the online platforms such as ecommerces. It protects business, intellectual property and minimises the liabilities, and legal disputes from the T&C. We ourselves can create such terms and conditions by the following ways which are mentioned here. So the good terms and conditions can protect our business and improve the trust between the customer and the ecommerce platforms.
FAQ
FAQ ON THE E-COMMERCE WEBSITES T&C :
1. WHAT DO YOU MEAN BY E-COMMERCE WEBSITES TERMS AND CONDITIONS ?
The E-Commerce website terms and conditions are considered as the contact between the customer and the E-commerce operator. Before entering into the website, it requires you to agree to the terms and the conditions for making any purchase, services and other rules and regulations for the site. The terms and conditions which protect the costumes from the dispute. It is also known as the users agreement.
The terms and conditions is an agreement for use of the portal or the site which includes all the user manuals, rules, regulations, terms of use, customer care services, the description of the products, delivery and shipments, payment transactions details, liabilities and legal protection.
2. WHAT ARE THE BENEFIT OF THE E COMMERCE TERMS AND CONDITIONS :
The terms and conditions are generally acting as an agreement or the contract with the buyer and seller. It helps to understand the use of the portal.
- It contains all the details about the brand products, seller and warranty of the products.
- The terms and conditions help to understand the sale and transactions.
- The terms and conditions can build the trust between the consumer and the business operator.
- It provides legal protection to the consumers in case of any disputes when it comes to online purchases.
3. WHAT DO YOU MEAN BY THE T&C OF PAYMENT CLAUSE ?
The payment terms relating to the product which sold online. It is the liability of the business operator to collect the money in the online mode which includes the shipping charges and the suitable tax for the products. And allows the customer to use all kinds of payment methods.
It includes :
- The payment method should accept the VISA, Master card, Rupay cards, UPI, and internet bankings.
- It also includes the details for the refund and returns.
- The description about the handling of the payment related disputes. (Providing customer services for the customer to clarify their issues)
- If the product is sold in the EMI options, the appropriate reminders should be sent to the customers regularly based on the EMI schedule.
- Discounts and coupons for the special days.
4.WHERE CAN WE FIND THE T&C OF E COMMERCE WEBSITE ?
We can find the terms and conditions of the website in the following ways :
- The opening page or verification of the website page, we can find the terms and conditions.
- Home page or profile page of the website.
- Transaction page of the website.
- Footer of the website page.
5. WHAT INCLUDES IN THE T&C OF DISPUTE RESOLUTION ?
The dispute resolution clause which deals with the three ways to handle the dispute from the ecommerce websites. The governing law should describe the conflict and controversies in the terms and conditions. The court procedures, arbitration, negotiations are the certain procedures for the dispute resolution and settlement. The clear outline about the dispute resolution methods should be mentioned in the ecommerce websites terms and conditions.