Selling Goods and Services

What should I include in my terms and conditions for my online store?

For your services:

  • An accurate description of your services that you are going to provide
  • The price payable for those services
  • How and when payment should be made
  • A copyright protection clause
  • A liability disclaimer

For goods

  • An accurate description of the goods
  • Payment methods
  • Information on when items will be dispatched (such as after payment has cleared into your account, i.e. a shipping policy)
  • Delivery terms and shipping costs
  • A return and refund policy to deal with defective goods that is consistent with the Australian Consumer Law
  • Warranties that apply to the goods
  • A liability disclaimer such as if items go missing in the post

For both goods and services – you should incorporate both sections above plus

    • How people are allowed to use your website and the information on your website
    • How your website manages personal information
    • A return and refund policy that is consistent with Australian Consumer Law
Three things to be aware of

1. You need to make sure that your terms and conditions for your website are tailored to your business needs and the goods and services you offer. If you copy someone else’s terms and conditions, you could find that you haven’t complied with Australian law and that your terms and conditions don’t cover the issues you need them to. We have seen this time and time again where people copy website terms and conditions from websites based outside Australia. Nothing good is going to come of that if and when you need to rely on your terms and conditions.

2. Your terms and conditions must comply with Australian Consumer Law. This means that your terms and conditions must be fair and you cannot use a disclaimer to avoid your obligations under the consumer guarantees.

3. Make sure your terms and conditions are clear and comprehensive. If they are too general or ambiguous, you may not be able to rely on them.

Why don’t you focus on selling your goods and services and allow us to focus on protecting you legally by drafting your terms and conditions for selling goods and services online.

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