Page 54 - Q&A Book.indd

Why you need custom T&Cs for your
online business

Juanita van Zyl
January 2017

“I’ve recently decided to launch an online business and I am
setting up my website. My website developer has strongly
Commercial advised me to look at proper terms and conditions for my
website. I’ve always thought these were relatively standard but
now it sounds like it must be quite specific. Is this true, or can I
just copy terms and conditions from other websites?”

E-commerce and online shopping continues to grow exponentially as
mobile devices, bandwidth and diverse applications allow consumers
to freely browse and buy online. It could even be said that today
consumers expect a business to have an online presence with which
they can interact.
But, online businesses beware! An often overlooked aspect - your website
terms and conditions (T&Cs) - essentially represents your agreement of
use and trade with users of your website or mobile applications. The last
thing you should do is skimp or fail to customize such to your specific
website and online business needs. These T&Cs must regulate the entire
range of using, transacting and interacting with your online business.

If properly drafted, T&Cs can provide the following advantages:

• Provide clarity about what is acceptable conduct on your
website as well as the consequences of breach thereof and to
avoid any misconceptions which could lead to upset customers.
• Detail the rules that govern your transactions and interactions
with an online consumer such as how you will accept online
offers, when a sale agreement is concluded, when payment
must be made, how orders are confirmed, what your returns
policy is, your shipping costs, what warranties and guarantees
you provide, how you will use information provided, where
your liability is limited etc.
• Establish when ownership passes, who the owner is of
intellectual property (such as copyright) on the website,
what licences you have to sell third party products etc.
• Detail how consumer complaints and service issues are dealt
with and what remedies are available to your online consumer.
• Explain what legal system will govern your transactions.
With online shopping being globally accessible, missteps in

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