What terms are required for an E-commerce website?

Operating an online store in Australia brings you under the strict gaze of the Australian Competition and Consumer Commission (ACCC).

1. Australian Consumer Law (ACL)

You cannot have a “No Refunds” policy. Under the ACL, consumers are entitled to a repair, replacement, or refund if a product has a “major failure.” Your terms must clearly reflect these consumer guarantees to avoid misleading conduct charges.

2. Order Acceptance

Your website is usually an “invitation to treat,” not a binding offer to sell. Your terms should state that a contract is only formed when you dispatch the goods, allowing you to cancel orders if prices were listed incorrectly due to a technical glitch.

3. Shipping and Risk

Who pays if the courier loses the box?

• FOB (Free on Board): Risk passes to the customer once you hand it to the courier.
• Delivered: Risk only passes once the customer signs for it. Without a clear clause, you may be legally responsible for items long after they leave your warehouse.

4. Privacy and Spam

Collecting emails for newsletters? Your site must comply with the Spam Act 2003 (Cth) (requiring consent and easy unsubscribes) and provide a shortcut to your Privacy Policy at the point of data entry.

Related Topics

• Cybersecurity for Small Business
• Protecting Your Brand (Trademarks)
• Business Structuring

Audit Your Online Store

We provide comprehensive audits of e-commerce checkout flows and legal documentation to ensure ACCC compliance.

Selling online? Contact Bell & Senior today. Call (07) 5532 8777.