E-Commerce Terms and Conditions a way to protect your business
The Terms and Conditions are the set of conditions to which sites and apps are subject. In simple terms, we can define it as the contract that binds the service provider to the user in which the conditions of use of their products are written.
Who needs Terms and Conditions?
Terms and conditions are needed by everyone whether they are bloggers, e-commerce, SaaS. This type of document is mandatory in some cases, as it allows you to defend yourself in case of abuse and limit your liability Not only can you protect yourself from abuse with Terms and Conditions, but you can also find your user rights in them. This type of document is mainly required in e-commerce where you can find terms and conditions related to payment such as shipping the method of payment, delivery and return.
In addition to giving users information on the terms and conditions of use, you must also give information on the characteristics of your service, payment methods, guarantees after the sale, rights and refunds. The information required by the GDPR must be detailed and set out comprehensively and in appropriate legal terms.
Are Terms and Conditions for an e-commerce site necessary?
The answer is yes, because in most cases, payments and thus money transactions take place on e-commerce sites. Usually in the case of online sales sites they are referred to as terms and conditions. The terms and conditions must be constantly changed and must follow your business model.
What should be written in the Terms and Conditions?
The detailed content of the Terms and Conditions varies from site to site, as it depends on the characteristics of each one, although there is information that is mandatory by law summarising, the terms and conditions should contain the following information:
- The information about users that is collected by the site.
- Information about your activity.
- Description of the service offered.
- How customer information will be stored.
- Whether the information will be shared with other sites.
- The user's rights regarding the data released.
- How not sharing all of the user's data may not allow the user access to all of the site's features.
- What is the identity of the site owner and the identity of the user whose data is being processed or data.
- How the payment is made.
- How the payment data will be stored.
- After-sales guarantees.
- Refund policies.
- How to resolve disputes.
- Information on consumer rights.
- Contact details where you can make complaints or get in touch if you have questions.
What to do in the case of sales abroad?
In the case of sales abroad with regard to the Terms and Conditions, the Consumer Code does not oblige you to write them in all the languages of the countries where you sell but you can absolutely limit yourself to the Italian language, however it is not forbidden to publish the terms and conditions in other languages when selling in foreign countries, but it is not an obligation.
Can Terms and Conditions be a way to protect yourself?
The Terms and Conditions can not only help you to comply with the law, they can also help you in the event of disputes, which is why it is necessary to have this part well drafted and included:
- All rules highlighting the limits of your responsibilities.
- How to ship and return purchases.
- How to open and close an account.
The Terms and Conditions if written well can ensure you a proper defence.
What are the penalties for a non-compliant site?
The Consumer Code provides for a penalty starting at EUR 5,000 up to a maximum of EUR 5,000,000. The amount is determined according to the severity and duration of the violation, but also the company's balance sheet.
Terms and Conditions Generator
To reduce errors, a Terms and Conditions generator can be an ideal solution. Usually, Terms and Conditions generators offer wording in several languages and wording that adapts according to the regulations of each country considered. This solution is usually customisable to handle even the most complex drafting.
Right of withdrawal and general terms and conditions of sale for ecommerce
The right of withdrawal is mandatory for online sales as opposed to offline sales. The right of withdrawal is the right of a buyer to withdraw from a contract without being obliged to justify the reason for his decision. Common mistakes include an error in the information on the right and method of withdrawal and incorrect or even missing seller data.
Communication of withdrawal and sending the order
Both parties have obligations with regard to the consumer who, according to the law, must return the product and give notice that he wishes to withdraw from the contract.
- With regard to the notice of withdrawal, the consumer may only decide to withdraw from the contract within 14 days and no later.
- Regarding the return of the order, this too must take place within 14 days of receipt of the entire product (often the product consists of several pieces).
- The return is the responsibility of the purchaser and is only offered by the e-commerce site in certain cases.
The e-commerce site is obliged to refund the full price to the customer: this is done in the same way as the customer made the payment. If the customer has used cash on delivery as a method of payment, the refund may be made by bank transfer.
Exceptions of types of commerce on the Web for which withdrawal is not possible
Although withdrawal is possible on most sites, there are some exceptions such as:
- Customised products: e.g. made-to-measure clothes or items with a photo print.
- Products with an approaching expiry date.
- Products that for hygiene reasons once opened can no longer be sold.
- Products that for health reasons cannot be resold.
One last piece of advice
The drafting of Terms and Conditions is sometimes complex and mistakes are often made, so to avoid forgetting some essential elements and to protect yourself as much as possible, it is advisable in some cases to use a Terms and Conditions generator or , in more complex cases, to contact an expert in the field and therefore a lawyer in order to avoid complex issues, as in the event of an error in the drafting of Terms and Conditions there can be very significant penalties that can affect your business.
Article translated from Italian