E-commerce terms and conditions a way to protect your business
Terms and Conditions are the set of conditions to which sites and apps are subject. In simple words we can define it as the contract that binds the service provider to the user in this document are written the conditions of use of their products.
Who needs Terms and Conditions?
Terms and conditions are needed by everyone whether they are Blogger, e-commerce, SaaS. This type of document in some cases is mandatory, as it allows you to defend yourself in case of abuse and limit your liabilityNot only thanks to the Terms and Conditions you can protect yourself from abuse, but you can also find there the rights of users. This type of document is required especially in e-commerce where you can find the terms and conditions related to payment such as shipping the method of payment, delivery and return.
In addition to giving information to users about the terms and conditions, you must also give information about the features of your service, payment methods, guarantees after the sale, its rights and refunds. The information required by the GDPR must be detailed and set out in full and with appropriate legal terms.
Are Terms and Conditions for an e-commerce site necessary?
The answer is yes because in most cases on e-commerce sites payments and thus money transactions are made. Normally in the case of online sales sites they are named as terms and conditions of sale. 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, although there is information that is mandatory by law summarizing, the terms and conditions should have the following information:
- The information about users that is collected by the site.
- Information about one's business.
- 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 features of the site.
- What is the identity of the owner of the site and that of the user whose data or data are processed.
- 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.
- Indicate contacts in which to make complaints or get in touch if you have questions.
What to do in the case of foreign sales?
In case of foreign sales regarding Terms and Conditions the Consumer Code does not oblige you to write 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 in case you sell in foreign countries, but it is not an obligation.
Can Terms and Conditions be a way to protect yourself?
The Terms and Conditions in addition to helping in compliance with the laws , can also help you in case of disputes for this it is necessary to well draft this part and include:
- All the rules that highlight the limits of your responsibilities.
- The methods of shipping and the return of purchases.
- How to open and close an account.
The Terms and Conditions if written well can ensure you have a proper defense.
What are the penalties for a non-compliant site?
The Consumer Code provides for a penalty starting from 5,000 euros up to a maximum of 5,000,000. The amount is set based on the severity and duration of the violation, but also on the company's budget.
Terms and Conditions Generator
To reduce errors a Terms and Conditions generator can be an ideal solution, usually Terms and Conditions generators propose drafting in multiple languages and drafting that adapts according to the regulations of each country taken into consideration. This solution is usually customizable to handle even the most complex drafting.
Right of withdrawal and general conditions of sale for ecommerce
The right of withdrawal is mandatory with regard to 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 errors include an error in the information on the right and method of withdrawal and incorrect or even missing seller's data.
Notice of withdrawal and sending the order
Both parties have obligations with regard to the consumer the latter according to the rule must return the product and give notice that he wants to withdraw from his contract.
- Regarding the notice of withdrawal, the consumer can only decide to withdraw from the contract within 14 days and no later.
- Regarding the return of the order it too must take place within 14 days of receipt of the entire product ( often the product consists of several pieces).
- Returns are the responsibility of the buyer and only in some cases are offered by the e-commerce site.
The e-commerce site has an obligation to refund the full price to the customer: this is done in the same manner in which the customer made the payment. In cases where the customer has used cash on delivery as a method of payment, the refund can be made by bank transfer.
Exceptions of types of commerce on the Web for which withdrawal is not possible
Although in most sites withdrawal is possible, there are some exceptions such as:
- Customized products: for example, custom-made clothes or items with a photo print.
- Products with a close expiration date.
- Products that for hygiene reasons once opened can no longer be sold.
- Products that for health reasons cannot be resold.
One final piece of advice
The drafting of the 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 an expert in the field and then to a lawyer in order to avoid complex issues, as in case of an error in the drafting of the Terms and Conditions there can be very important penalties that can affect your business.
Article translated from Italian