Writing website Terms & Conditions

This white paper will explain some of the key things to consider before you get started adding terms to your website.

 

For most business terms & conditions you will find familiar ‘generic' topics that are covered. The most recognizable subjects will include...

1. Privacy
2. Copyright
3. Contracts
4. Returns, Refunds & Losses
5. Complaints
6. Customs
7. Contact
8. Data & Privacy

Other terms & conditions that are used may consist of...

1. Website Access
2. Law
3. Health & Safety
4. Patents & Trademarks

In this white paper, we will endeavour to give you a brief, but informative explanation of the more common terms & conditions that you should use if you want to start trading online!

Starting to write your terms and conditions can be a daunting task for anyone! People often associate the small print with being something that is complex, boring and to many, irrelevant. How many times have you purchased something from a website without looking at the terms and conditions? Most people almost never look at the small print but the terms and conditions are vital, and required by law, to protect you and your customer! In fact they are probably more vital for the merchant. The consumer generally has various levels of protection including the consumer credit act, data protection act and distance selling regulations. All you have as the merchant are your terms and conditions.

When writing your terms and conditions for your online business think about having a friendly demeanour about the way you approach the subject. Too often people are scared away after reading the first few lines because it seems imposing and unfriendly. Engaging with your customers in a pleasant or open manner will not only make people have a better understanding of your terms and conditions, but if a dispute arises then you may find people are more willing to co-operate with you!

Make your terms and conditions clear, organized and accessible. Having to swim through a sea of unorganised jargon and gobbledygook is not appealing and can result in confusion for you and your client. Just because your terms are simple and well laid out doesn't mean you are at any further risk. Huge corporations like Amazon only have 26 conditions of use. When you think of the size of this type of company and all the services it offers, less than 30 terms and conditions is an extremely small number.

So let's start thinking about what you need to consider in your terms and conditions - the essentials. The first thing you need is a detailed description of your policy. This can include how you intend to treat your customers, how you will deal with enquiries and complaints and also make sure that the customer knows about their statutory rights.

 

Data and Privacy!

Data protection is something that has been debated about for years. Companies undoubtedly hold sensitive data about their customers including contact details, credit card numbers, bank accounts and purchase history. Fraud is a serious crime so controlling and securing the data that you collect from clients is something that needs to be explained. Reassuring people that their information is safe and that your company follows all guidelines that the law demands will be comforting to the people that read this. Make sure that people understand how their data is processed and that it will not be passed on to other companies. Spam can be irritating and fraud is even worse so eliminate any confusion that may arise.

Be sure to clarify about when and why you might contact a customer. Customers probably don't want to be annoyed with unnecessary emails, phone calls or letters. There should be a genuine reason for communication with a client, often because of an unresolved problem. Advertisement and Spam is something that could deter customers from future transactions with your company, so make it clear that only compulsory communication will occur without their permission. Pursuing people without consent or relevance is illegal.

When supplying goods it's vital that you make clear that you are only partially responsible for the delivery time or conditions of goods. Most companies will use a third party to ensure the deliveries are made, but once that package has been collected from you, the responsibility lays with the courier - so make sure you pick a good one! In your terms and conditions consider allowing a few extra days for ‘acceptable delivery times'. Unless you are shipping food stuffs, the delivery time will not affect the state of the goods and I'm sure everyone has experienced a late delivery on more than one occasion.

In your terms and conditions of sale it is imperative that you inform your customers that you are following all the laws and regulations in your country. This helps relieve any hesitations that could stop someone buying from you. Include a section that covers payment for goods. Payment shouldn't have been processed until your goods are ready to be dispatched. If you don't have the goods in stock and you accept payment you could be breaking the law. Remember that customers are more protected than you are and it is easy to be cornered if you make a mistake. You should include VAT as part of your price and should not mislead customers into thinking they purchased at a certain price to discover VAT has yet to be added! Most customers have to pay VAT and cannot claim it back unless they are overseas residents.

Something else to remember is international shipping and customs. You should be aware of the rules that surround delivering goods around the world. International schemes are complex and fraud prone; this is why many retailers start trading only in their home country. Tax and delivery time should be taken into consideration. In some cases goods are opened at customs and inspected. This is something neither you or your customer has any control over. Make sure this is understood as it can delay the product arriving at its destination. Also take into consideration peak business times. If customers want a product delivered in time for Christmas you should provide a certain dispatch date in which you can guarantee delivery.

To stand out on the internet, if you cant complete in price alone, guarantee your goods and service as the highest possible standards. Pledge to your customers that you will endeavour to provide not only top quality products, but the best service you can. This means that you will have to work hard at customer relations, solve problems efficiently and avoid arguments or disputes unless absolutely necessary. If someone is satisfied with your service they are likely to become a return customer and recommend your services.

Your liability for refunding customers in the event of loss, late or no delivery and dissatisfaction should be made extremely clear. Inform them of how this procedure is done and the time that it will take to process. A 10 day working notice should be considered as a maximum time limit for returning goods to your company. After this it is then no-longer your responsibility to replace or refund the items in question unless they live up to ‘merchantable quality' and the promises you make.

If someone wishes to make a complaint, try to reassure them that you will do your best to solve the problem as quickly as possible. And consider that not all complaints are the same, so having a totally rigid procedure is not always the best plan. Remember to be friendly and seem approachable. Consider writing it like this... "We understand that on rare occasions things can go wrong. If you wish to make a complaint we do endeavour to respond and work with you to solve the problem within 24 hours". Remember people will react in different ways, but you should try and remain friendly and give the same type of response no matter whom, or what manner a customer complains to you.

There are other things that you might want to think of adding to your terms and conditions such as acceptable uses of your website - what customers can and cannot do! Include copyright, content and defamation. These are key issue that affect you more than your customer but are undoubtedly important.

Consider a final section that outlines your business ethic and company personality. People are more willing to trust someone who seems approachable, fair and willing to communicate to solve problems or answer queries. This section is your opportunity to invite people with questions about your company or any of the parts in your terms and conditions to contact you.

Writing such a document can be a nightmare. You might worry about making sure you have covered yourself legally? Are there any clauses that you have yet to think of? The team at something4 can assist you in writing your terms and conditions. We have the right contacts - experienced professionals - that can provide you proficient services, legally or copyright existing terms & conditions to make them friendlier.

Hiring someone with the exact expertise to write your legal jargon can make running your online business so much easier and you won't need to worry about legal woes in the future. The terms and conditions are all you have to protect yourself so you need to get them right!