eCommerce refers to the buying and selling of goods or services over the internet. This also includes transactions made through websites, mobile apps, and other online platforms. Likewise, eCommerce allows consumers to shop and make purchases from the convenience of their own devices. Because of that, it has become a popular way for businesses to reach customers and sell products or services.
In this article, our eCommerce Lawyer explains what an eCommerce business is and the most important things to prepare before starting an eCommerce business.
Prosper Law is an eCommerce law firm. We provide legal advice to eCommerce businesses across Australia. Would you like a fixed-fee, no-obligation quote from an eCommerce lawyer? Contact us at enquiry@prosperlaw.com.au or phone 1300 003 077.
eCommerce terms and conditions (T&C) are a set of rules and guidelines that govern the use of an online store. It outlines the rights and responsibilities of both the eCommerce business and its customers. It may also include information on things like returns and refunds, shipping and handling, and privacy and data protection.
The terms and conditions include information about payment methods, taxes, any warranties and guarantees on products or services, copyright, and intellectual property rights, and more. This will also provide customers with important information about their rights and business practices.
If an eCommerce business does not have terms and conditions in place or if it has, but it was poorly written, it can leave the business open to a variety of legal and financial risks. Furthermore, poorly written terms can be confusing and unclear for customers, which can lead to disputes and misunderstandings. Moreover, customers would not have room for a clear understanding of their rights or the business’s policies, which may lead to disputes and legal action in the future.
Further, in the absence of any terms and conditions, the business may not have a legal basis for enforcing certain rules or policies. For instance, if a customer wishes to return a product, the business may not have the legal right to deny the return if it doesn’t have terms in place outlining its return policy.
Establishing an eCommerce business without any terms is like sending a warrior to the battlefield without any armour. It will be difficult for the business to enforce legal jurisdiction and could leave the business open to lawsuits in multiple jurisdictions. This could make it difficult to defend itself.
Additionally, a business with poor T&C can also be found in violation of consumer protection laws, which can result in fines or penalties. It is important for businesses to make sure that their terms are up-to-date, clearly written, and easily accessible to customers to protect the business from liability and disputes. The terms must also legally comply with the requirements set by the law, otherwise, the business may not have a legal basis for enforcing them. For instance, if the terms include illegal or unfair clauses, they may not be enforceable in court. This can leave the business open to liability and lawsuits.
Accordingly, in 2012, the Australian Competition and Consumer Commission (ACCC) took legal action against online retailer Kogan for making false or misleading representations about consumer guarantee rights on its website. Kogan was ordered to pay a $32,400 penalty and to publish a corrective notice on its website.
Further, in 2018, the ACCC took legal action against the online ticket reselling platform Viagogo for making false or misleading representations about ticket availability and the price of tickets on its website. Viagogo was ordered to pay a $7 million penalty and to publish a corrective notice on its website.
Furthermore, in 2020, the Australian Securities and Investments Commission (ASIC) took legal action against an online retailer. Catch Group was making false or misleading representations about consumer guarantee rights on its website. Hence, it was ordered to pay a $12,600 penalty and to publish a corrective notice on its website.
Moreover, the Australian Privacy Commissioner in issued a formal warning to online clothing retailer Glassons for not adequately protecting the personal information of its customers, after the company suffered a data breach.
To ensure that your eCommerce business has clear and legally compliant terms and conditions, a business owner should seek the assistance of a lawyer who specializes in commerce law or consumer protection law. A lawyer will help him draft terms and conditions that will protect his business from potential legal liabilities.
Prosper Law is Australia’s online law firm. We provide legal advice to businesses and individuals across Australia. Our areas of legal practice include contracts, eCommerce, publishing, legal counsel and employment law.
If you need to talk to an eCommerce lawyer to help you draft your eCommerce business terms and conditions, get in touch today.
Contact the team at Prosper Law to discuss how we can provide you with legal advice on a fixed fee or at affordable hourly rates
PROSPER LAW – Australia’s Online Law Firm
P: 1300 003 077
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