Writing Terms and Conditions

The task of writing the terms and conditions of sale (the 'legal bit') for your website shopping cart can be a headache. We have all come across those incredibly boring bits of small print daily which we don't read - it is just not inviting! We have a crusade to make them both readable and inviting! Here we offer you a simple way to do this (taken from the Dundonnell Smoked Salmon website), by first summarising the legal requirements, and then taking a worked example of how this might look in practice. Please note that although this example was originally produced to take part in the Which? Webtrader scheme (sadly no longer in existence) and has been passed by a Scottish Solicitor, you are always advised to seek your own legal advice before posting your website terms and Conditions of sale. What follows are guidelines, not a legal document!

 

Mandatory Clauses

In addition to dealing with issues of credit card fraud, APACS have specified the minimum website content requirements for Internet merchants, as guidelines when you put together your shopping cart and add your terms and conditions of sale. The following are mandatory in accordance with card scheme rules:

 

  • complete description of goods, e.g. if selling electrical goods the merchant must state the voltage requirement as this varies between countries
  • customer service contact information, including e-mail address or telephone number
  • return, refund and cancellation policy
  • delivery policy
  • country of merchant domicile
  • transaction currency or currencies
  • export restrictions

Recommended Addtional Clauses

These additional requirements are recommended when you write your terms and conditions of sale:

 

  • Privacy statements
  • Identifiers that easily match the website to the "doing business as" name - in other words you should not conceal your real identity from customers.
  • Vommitment to process orders promptly and sending an e-mail confirmation and order summary within one business day of the initial order
  • Up-to-date stock information
  • Vommitment to respond to all customer service e-mails and phone calls within two business days
  • Statements to describe transaction security type
  • Statements encouraging cardholders to retain a copy of the transaction and the relevant reference numbers

 

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