ECommerce Lawyers for Australian Businesses

In Australia, businesses that sell goods or services must register an Australian Business Number (ABN). This includes e-commerce traders. An ABN is needed for taxes, to show credibility, and to identify the business owner.

A consumer guarantee is also called a statutory warranty. They refer to a set of rights and protections provided by law to consumers when they purchase goods or services. These guarantees are a fundamental aspect of consumer protection laws. The following is a list of some of the consumer guarantees found in the ACL:

• Goods must be of acceptable quality, fit for the purpose they were intended for, and match any description or sample provided to the consumer.
• Consumers have the right to undisturbed possession of goods, meaning they should have clear title and ownership of the purchased goods.
• Businesses selling goods must have the right to sell them (clear title) and consumers must have the right to own them without any undisclosed encumbrances.
• Services must be provided with due care, skill, and expertise and must be fit for the purpose for which they were purchased.
• If a product or service does not meet the consumer guarantees, consumers have the right to seek remedies. This can include repairs, replacements, or refunds.

The following is the wording that must be used to inform consumers of their legal rights:

For goods, the mandatory wording should include the following phrase or something similar:

“Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

For services, the mandatory wording should include the following phrase or something similar:

“Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: (i) to cancel your service contract with us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

If your business buys and sells over the Internet, we can help prepare:

• privacy policies for eCommerce businesses
• website terms of use for eCommerce businesses
• eCommerce terms and conditions
• sales and refund terms and conditions
• supplier agreements, including agreements with overseas suppliers

Our legal fees to prepare custom website terms generally range for $850 to $2,500 plus GST.

If your website has a warranty, it should include the required Australian Consumer Law wording.

You might need a privacy policy if you have an online business, especially if you handle sensitive personal information. It could be a legal requirement.

Our eCommerce lawyer will discuss your business and the products or services you will be selling. We will then advise you on what your website terms and conditions need to include.

Our team of eCommerce lawyers provide a range of legal advice to online businesses.

We provide the following online legal services:

• reviewing and/or preparing website terms of use and terms and conditions
• review of online shopping terms and conditions for online sales platforms such as Shopify and Marketplace
• drafting and/ or reviewing appropriate policies and procedures. This will ensure that your eCommerce activities comply with the law (i.e. privacy policies, cookie policies etc.)
• domain name licensing
• drafting and interpreting returns policies
• software and intellectual property licensing agreements
• review and/or prepare sale of goods and services agreements
• legal advice on issues such as product safety, warranties, and consumer guarantees
• providing legal advice on the rights and obligations of eCommerce businesses
• reviewing marketing, social media and advertising campaigns to ensure legal compliance
• managing consumer disputes for e-commerce businesses
• dealing with regulatory authorities, including regulatory investigations
• providing legal advice on consumer rights and the Australian Consumer Law

If you are seeking legal advice for your eCommerce business, look no further than Prosper Law. Contact us today to schedule a consultation with one of our e-Commerce lawyers. Take the first step towards protecting your business and your customers.