Updated January 24, 2023
E-commerce terms and conditions outline a website’s policies regarding its products and services offered to users. It is a legal document that gives the website’s owner (vendor) protection by requiring all users to agree to the terms when accessing the site. If a user disagrees with a website’s terms and conditions, they have the right to leave the website at any time.
Who can use this?
E-commerce terms and conditions can be used by any website or application that accepts payments. This can be for the following websites:
- Affiliates
- Products
- Services
- Online marketplaces
- Business-to-business (B2B)
What Should be Included (5 clauses) |
1. “As-is, Where-is”
The terms should include that any products or services are offered on an “as-is, where-is” basis, meaning there are no additional warranties. This mentions that all sales are considered final unless otherwise mentioned in the refund policy.
As-is, Where-is. It is recognized to you, as a user of the website including any of its products or services offered, that they are provided on an “as-is,” “where is,” and “as available,” basis including faults and defects without warranty.
2. Payment Policy
The payment policy should cover the types of methods presented on the site and for specific products and services. Regarding payments, the terms should include:
- Methods for processing products or services;
- Subscriptions;
- Free trials;
- Processing fees;
- Sales taxes (incl. VAT); and
- Cancellation policies.
Forms of Payment. We accept payment through the methods provided at the time of purchase or when a balance is due. The provider and method of payment is determined by your location, device, and item being purchased. We reserve the right, at any time, to reject a payment for any reason.
3. Refund Policy
A refund policy should outline the terms for a user seeking to be reimbursed for a product, service, or other types of payment made on the site.
It is recommended for all websites to have a policy, even limited, that allows a user to obtain a refund after a bad experience or receiving a defective product.
Refund Policy. Except when required by law, payments made by a user are: (check one)
☐ – Not refundable. Refund requests are administered on a case-by-case basis and, if granted, do so at the sole discretion of the company.
☐ – Refundable under the following conditions: [ENTER CONDITIONS]
4. Reviews
Reviews are a fundamental part of a website’s success. Therefore, making sure that all reviews made are accurate and verifiable is vital to their integrity.
Reviews. We may provide you, either on the website or by a 3rd party, the right to leave a review or rating of the products and/or services provided. Said review or ratings requires that you have firsthand experience with the person/entity being reviewed; do not include any offensive, abusive, racist, profanity laden language; do not reference discriminatory language or references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability; do not include references to illegal activity; do not post negative reviews as part of a scheme working with a competitor of ours; do not make any suggestions or conclusions as to the legality of our services, products, or conduct; do not post any false or misleading comments about your experience with the website or our company; and do not organize a campaign encouraging others to post reviews, whether positive of negative. Furthermore, we retain the rught, and in our sole discretion, to accept, reject, or remove a review.
5. Indemnification
A general statement that shifts liability away from the website owner for any damage or loss caused by the products or services purchased. An indemnification clause does not absolve a website from responsibility but outlines its liability (if any).
INDEMNIFICATION. You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any 3rd party due to or arising out of the use of the website or any of its products or services.