Ecommerce and Website Terms

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When you sell goods or services online, you need ecommerce terms to govern your contractual relationship with your consumers, and comply with Internet law. It is important to have the ecommerce terms carefully crafted for your business, and to instruct your web developers to have certain automated emails in place to protect your position when transacting with customers online.

What should be covered by ecommerce terms?

Ecommerce terms and conditions must take account of legal issues such as:

  • Distance Selling and other Ecommerce Regulations
  • Rules surrounding ‘unfair contract terms’
  • Rules which operate to add ‘implied terms’ into contracts

Website terms and conditions explain to visitors how they may use your website, and aim to limit your liability arising from the material you publish. These are not to be confused with ecommerce terms, which govern the terms of contract you make with customers in respect of goods or services sold online.

There are a number of benefits to having website terms and conditions:

  • Website terms give you the opportunity to insert disclaimers in respect of content you publish on your site
  • They can also limit your liability in respect of content published on your site by users
  • Terms give you the opportunity to ensure that your website users are bound by the terms on which you allow use of your site
  • Unless you put in place terms to govern the use of your website, you may find it difficult to challenge complaints or legal action taken by visitors
  • There are reputational benefits to having clear and reasonable terms and conditions. Consumers will find your business easier to trust. Visitors will be able to understand how they can use your site, who you are, and how you will deal with their information
  • Your website terms and conditions of use will also generally refer to other important documentation, including your privacy policy and your terms of business

  • The law requires you to make it clear who is behind your website. If you are selling online as a limited company, you must provide your full company name and registration details, along with your registered office address
  • You should also take steps to ensure that your site does not discriminate against those who may be less able to use it, and this might include adding a verbal description of the contents of images, or a transcript of audio content
  • If you are selling goods or services online, your terms and conditions must also provide certain information such as an explanation that consumers have a right to cancel within a specific ‘cooling off’ period and an explanation of how to submit or amend an order

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How can we help you

Our understanding of the web will save you time and unnecessary expense. We appreciate the unique issues relevant to doing business online. We will be able to advise you on the terms and conditions you need for your website, and how to comply with relevant legislation.

If your business is selling products online, we will ensure your ecommerce terms cover consumer cancellation rights, and comply with the rules surrounding selling goods and services online.

In addition to ecommerce terms, your business will also need to ensure a GDPR-compliant Privacy Notice is in place. This is required by Data Protection regulations if you collect information about your visitors and should be kept under regular review as non-compliance can result in substantial fines.

To speak to one of our expert business solicitors, contact us by calling 0131 478 4724, or complete our online enquiry form to request a call back.

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If you are looking for expert advice for your business, speak to our expert business solicitors today. Call us on 0131 478 4724, or complete our online enquiry form and a member of the team will get back to you.

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