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Are you using the right terms and conditions for your shopping cart?
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| Guest post by: Michael Smyth |
Article Overview: If you have an e-commerce facility on your website then you will know that your bank requires you to have terms and conditions for its use. But what many business owners do is simply use their standard trading conditions in conjunction with the e-commerce facility. That’s fine but having an e-commerce facility creates its own unique issues which won’t be covered by your normal terms of trade.
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Free Download - Download a template or see a lawyer? By Michael Smyth |
Are you using the right terms and conditions for your shopping cart?
Why
you need specific e-commerce terms
With e-commerce your customers will be
paying you by credit card over the internet.
Unlike your customers coming to a store to purchase your goods, you
can’t see them and neither are they required to verify their identity either
through a pin number or a signature. As
a result the transaction is less secure and then you add the complication that
the transaction is happening over the internet. Whether your e-commerce
facility uses Secure Socket Layer technology or not, everything is vulnerable
to an expert intent on doing some damage.
So if something goes wrong, for example the
customer is using somebody else’s card or the transaction somehow gets hacked,
then you want to make sure that no liability attaches to you.
What
should you put in your terms?
Here is a short checklist of some things
you will want to cover in your e-commerce terms to ensure that your liability
is kept to a minimum:
1.
Ensure the customer is who he says he is: this means getting the customer to agree that
he is over 18 and he is using his own credit card for a proper purpose.
2.
Refunds:
what is your policy on refunds?
In what circumstances will they be made and how? My recommendation is that all refunds only be
made back to the card which originally purchased the product and not by any
other means.
3.
Privacy:
get permission to collect personal information from your customers through
your online shopping cart.
4.
Security: give some assurances around the level of
security offered but exclude liability for transactions that may be hacked.
5.
Fees:
does payment by your e-commerce facility attract additional fees on top
of the price for the product? If so,
deal with that in these specific terms.
6.
Limit liability: You need to have a general exclusion of
liability for the customer’s use of the e-commerce facility and emphasise that
any payment reversals are nothing to do with you, but an issue between the
customer and her card issuer.
Review
your terms now
The chances are that your normal terms of
trade will not include these terms (at least specific to the customer’s use of
the e-commerce facility). So either
incorporate such terms into your standard trading terms or have them as a
separate document. Whichever you choose,
make sure the customer ticks the box to say that they have read them (even if
they don’t).
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About the Author: Michael Smyth RSS for Michael's articles - Visit Michael's website Six years old sounds a peculiar time to start to legal career, but that's the first memory I have of going to my Dad's law firm located in the heart of legal London. So, with law running in the family, the natural choice at University was a law degree. I also had a keen interest in Sports Law and obtained a Post Graduate Certificate in the subject from Kings College London. I came to New Zealand for a year, but like a lot of people I quite liked the place, and I'm still here practising law as a self employed barrister and running three businesses: Approachable Lawyer, Sportscounsel and The Sports Risk Management Group (the last two even allow me to combine my passion for law with my passion for sport). So in my 11 or so years of practice I have read numerous cases, helped many clients out of the mire and set up a number of businesses. That means not only am I a lawyer with an expertise in employment and sport, but I am also a businessman. This gives me a good insight into a number of problems my clients face. I also like to pride myself on my approachability - But don't take my word for it, visit my website http://www.approachablelawyer.com/profile.htm Click here to visit Michael's website THE TOP 5 HIDDEN DANGERS FOR SOCIAL NETWORKING How to ensure your business becomes an asset not a liability Could you website end up costing you money Are your dreams of retiring on the sale proceeds of your business pie in the sky Why you shouldnt copy someone elses terms of business |
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