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  • #1000423
    Emilizo
    Member
    • Total posts: 16

    Just wondering how important terms and conditions are required for an online store that sells items I partly make. Are there any other must have like data policy that are important. I’m having trouble finding answers online.

    Thanks for your help

    #1224273
    plgs
    Member
    • Total posts: 26

    Hi Emilizo,

    Product supply terms become important if you ever have a dispute with a customer. Eg, they can support claims for payment, and reduce liability risk in the case of a claim. Documenting your product warranty and returns approach also reduces the chance of a dispute in these areas.

    You only need a statement about information privacy if you’re subject to the Privacy Act (typically businesses with turnover >$3M, but also some others such as health services businesses).

    There are also some rules around displaying your entity name, business name and ACN/ABN, which depend on whether you’re a company or sole trader, whether you have an ABN, and whether you have a registered business name.

    These are all areas where a business lawyer can give advice specifically for your circumstances. This doesn’t cost as much as you might think, and can put your business on a better legal basis.

    Hope that helps,
    Patrick

    #1224274
    arrowwise
    Member
    • Total posts: 641

    Normally if you have a direct merchant account with a bank to accept credit cards via your website they will need to review your Terms & Conditions before the bank will open up such an account. This is one example where it is an essential requirement.

    #1224275
    three brains
    Member
    • Total posts: 18

    Not our site, but came across this page this morning, which we thought had helpful and easy to understand content on this topic, thought it might be useful background reading.

    https://www.websitepolicies.com/blog/sample-privacy-policy-template

    Other than protecting yourself legally, T&Cs and policies also help build trust with online browsers and shoppers. Unlikely anyone reads them, but reassures people that the site is legit when they are there.

    #1224276
    MattDell
    Member
    • Total posts: 52
    Emilizo, post: 271165, member: 115019 wrote:
    Just wondering how important terms and conditions are required for an online store that sells items I partly make.
    Don’t forget to get some comprehensive insurance cover including (products) Liability cover for anything you sell. In particular if you repackage, alter, import or ‘partly make’ anything then you are deemed to be the original manufacturer and thus likely liable for any product defect and any resultant injury or damage.

    Beyond that I think clear website T&C give confidence to consumers e.g. a clear shipping and handling and returns policy is something I look for

    #1224277
    teresa.snakebite
    Member
    • Total posts: 2

    I agree with the above.
    Terms & Conditions are very important, as we all have different expectations when we buy a product. T&Cs set out exactly what you are responsible for, and what you aren’t, in terms of warranty, delivery, returns, etc. T&Cs must be in accord with Australian Consumer Law.

    Privacy is also very important. People need to be assured that you will do everything you possibly can to protect their data and information. They need to know to whom you will release their data (eg police) and under which conditions (eg when a court requests it). And, as hackers are both naughty and tenacious, you need to advise clients of what you will do if/when the site is hacked (eg lock their accounts and have them set new pass phrases). A few insurance companies are selling cyber insurance that covers you for damages from being hacked.

    All the best!

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