Terms Conditions
Paintkart Terms Conditions
1. Limitation of Liability
Perhaps the most important reason it’s a good idea to have a Terms and Conditions agreement for your ecommerce store is that it allows you to legally limit your liabilities and prevent customer litigation.
This clause lets your customers know that you or your business will not be held responsible in case of any liability issues. These may be related to personal injury, death, fraudulent misrepresentation, defective items or other product, service or delivery problems.
Often, the Limitation of Liability clause is written in all caps or a bold font in order to convey its importance and to draw attention to it.
2. Intellectual Property/Trademarks
As the owner of an ecommerce store, you likely have unique items, designs, content or other proprietary rights that you want to protect. You can do this with a properly written clause dedicated to establishing your Intellectual Property Rights.
The Terms and Conditions agreement gives you a platform to declare what falls under your intellectual property, what the rules are for using those items or information, and what happens if an individual violates your intellectual property rights.
Let’s look at this example from the Intellectual Property, Software and Content clause of the ASOS Terms and Conditions. This clause states that the software and content available through the website belongs to ASOS or its licensors and is protected by copyright laws. It goes on to explain what customers can and cannot do with the content or software.
3. Pricing and Payment Terms
Product prices are almost always subject to change, and your right to make these changes should be established in a dedicated Pricing or Payments clause. Other details of customer transactions, such as shipping, returns, refunds and discounts also should be addressed in this clause in order to give you the legal rights to manage these matters in the interest of your online store.
For example, the Terms and Conditions page on the Manolo Blahnik website includes a Price and Payment clause that explains that prices of the products listed on the site and their delivery costs may be changed at any time. It also establishes that the ecommerce store only accepts payments made through credit or debit cards on the checkout page.
4. Dispute Resolution
The Dispute Resolution clause is important for ecommerce stores because it defines the procedures that will be followed in the event of a dispute. This clause typically establishes the jurisdiction where any disputes will be arbitrated if it comes to that, and the governing law that will apply. Obviously, these decisions should be made in the interest of the store’s owner.
This clause is particularly important for ecommerce stores that cater to a global audience. Different countries have different laws which could impact the outcome of any dispute.
Apple’s Terms of Use includes a clause for Governing Law: Dispute Resolution. It establishes that the laws of the United States and the State of California will be the governing laws in the event of any dispute. It makes an exception, however, for disputes arising from the European Union, in which case, a claim may be made in the country where the complainant resides.
In addition to this, it also mentions that you must make your claims within a timeframe of one year. Finally, it gives some information on how the dispute will be handled if it’s not resolved within a reasonable time.