Things to include in terms and conditions of website
By Lawfarm Team December 29, 2021
BY - TANAY SHARMA
It can be challenging to know where to begin and what to include when protecting your business and establishing legal foundations for you and your customers.
It is essential to understand what should be included in terms of legal necessities as well as the specific requirements for your business and the services you provide before developing a good set of Terms and Conditions. Your Terms and Conditions must also be understandable to your customers.
There is no guarantee that every policy will be the same, and the advice in this blog is intended solely as a guide. Legal advice is always recommended. It's worth having a professional review your drafted terms and answer any specific inquiries you may have.
It is often difficult for website owners to write Terms and Conditions, sometimes because it is difficult to know where to start and what should be included. Sometimes, day-to-day business simply gets in the way. Here are some key terms you should include in your website terms to help you get started.
The Terms and Conditions should begin with an overview of the general terms of the agreement. The terms of the agreement and how you can get out of it are usually outlined in this section. The age requirements should be noted in this section as well. You will usually include company information and contact information in your 'general information'.
Essential Points To Include
1. Products Or Services Provided
Your customer should have no doubts in their minds about what you provide or what your products are - a detailed description should be included here. When selling electronic toys, specify in your Ts & Cs that batteries are not included.
In your terms and conditions, make sure you include the minimum duration of any contracts for the supply of goods or services on a permanent or recurring basis.
2. Prices And Payment
The prices you charge or where you can find them should be clearly stated. The validity of any offer or price should also be specified as part of your terms, including whether VAT is included.
Here you should note any shipping costs that may apply. Furthermore, you should state when payments are due and what happens if payments are not received.
3. Shipping And Delivery
When shipping products, be sure to include information about the estimated delivery time and your responsibilities. If shipping is handled by a third party, then this may involve mentioning their responsibility where applicable. It is also necessary to express what happens if the order is not delivered.
When it comes to shipping policies, you should usually disclose the expected delivery date - when can your customers expect to receive their products? It is crucial to account for and make explicit the difference in timelines between different products, like fabrication times for bespoke items.
Moreover, you might want to make sure the customer knows what will happen in the event of a delivery delay, and how, if at all, this will be communicated to the customer.
4. Guarantees And Warranties
There may be warranties associated with certain items that you provide, either from manufacturers or otherwise. It is important to state when the warranty begins and for how long. The delivery period may commence when the order is received in the form of an order notification, or it may begin at the time of delivery. Additionally, you should describe how a problem would be handled in case a defect was noted during this period - would a replacement, repair or refund be offered.
5. Returns, Refunds And Complaints
Returns And Refunds Policy
You must include the return policy on your website, even if you hope it won't be necessary very often. This should be easily accessible, so many merchants include it in their Terms & Conditions, either in the website's footer or in their main menu. A clear return and refund policy should be available for your customers.
Establish the steps that the customer should follow in order to return the product, as well as any additional requirements including proof of purchase and condition. State clearly who is responsible for covering any shipping costs. In addition, make clear how long customers will have to wait to receive the refund and what form it will take.
It may be difficult to return or refund certain items, or the refund may only be given in the event of a defect - handmade items are examples of this - so be sure to specify those exceptions here. If you cannot supply equivalent quality and price substitute goods or services, please explain why.
Complaints are unpleasant, but ensuring you have a clear agreement in place can make the process smoother for everyone. A complaint must include how it should be received, what information should be included, and where to send it - this may be a physical address or an email address. If complaints are received due to defects, you should indicate the timeframe in which they can be submitted.
6. Limitation Of Liability
As part of the Terms and Conditions, the limitation of liability clause outlines the extent to which you are responsible for providing damages to another party for failure to perform. In most circumstances, this is simply to acknowledge that your liability is limited to direct damages (those that cannot be avoided by breach of contract) and that any indirect damages will not be your responsibility.
7. Intellectual Property Rights
It may be in your best interest to claim ownership over your intellectual property, such as your photographs and graphics. You can state that these original materials are yours and in which contexts they can be used, if any.
8. Future Changes
The terms of your Ts & Cs may need to be changed periodically, either because your business is changing or because the governing law has changed. Provide customers with details on how they will be notified of the changes, as well as how long they will be given advance notice.
9. Governing Law
Lastly, you should state which laws apply to your Terms and Conditions, such as the laws of the country or state in which you do business. It is generally the English laws that govern English businesses.
Publish Your Terms & Conditions
Publish and make accessible all of your website's terms once you've written them. It is in your business's best interest to give customers this information, both to protect the business from liability, as well as to let customers know exactly what to expect. Purchasing from a company they trust increases your sales by establishing trust and encouraging the shopper to purchase.
Customers can have peace of mind knowing that your practices, liabilities, and agreements are clearly stated in your Terms and Conditions, preventing future problems.
You may also want to read
The registration of property that is land, flat, shop, garage or other things are mandated by the three laws such as Transfer of Property Act 1882; The Indian Contract Act 1872; The Registration Act 1908; Hindu Succession Act 1956; Indian Succession Act 1925 and such other municipal laws, local...
Introduction to Idea of Shops, Establishments and the Licenses Required
This blog post aims to serve as a one-time reference guide with regard to opening new shops and commercial establishments in India. It deals with various licenses and registrations that one has to compulsorily acquire in...
Right to justice is one of the fundamental rights and one of the primary rights of any individual. The Preamble to the Constitution of India guarantees to all citizens, social, economic and political justice. One of the prime objectives of the Indian Judicial system is to ensure that justice is...