Law / rules when writing Terms and Conditions, privacy policy, cookies policy etc

simpson7647

Free Member
Jun 10, 2010
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Hi all,

Just a quick question about what can be written in terms and conditions, privacy policy and cookie policies. I'm guessing the privacy policy and cookies policy will generally be the same from website to website right? If so, a template for this would be much appreciated.

The one we're more concerned about is terms and conditions as alot of websites vary if how they function so the terms and conditions would vary too? Can we literally add next to anything within this?

Many thanks all in advance,
 
Hi Simpson, I don't think there is any yes or no to this. Privacy and cookies policies are whatever you, as the business owner, want them to be, but (as you suggest) they tend to be similar wherever you go so I'm sure you'll find something fairly quickly online.

Again, Ts and Cs are what you want them to be and denote how you wish to deal with your customers. However, bear in mind that they are governed by the Unfair Contract Terms Act (1977) and the Unfair Terms In Consumer Contract Regulations (1999), which both, in a nutshell, state that you have to deal fairly with your customers (especially B to C, but also B to B), both in the terms you apply to your business and the areas in which you wish to exclude liability. To a certain extent they also define the boundaries.

If you know what you are doing, as you suggest, you could look online for a template, but unless these are tailored to your business, you may as well not bother as they will be worthless. If you want to discuss this, do get in touch and I'll be happy to help. Dean
 
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I have been drafting T&Cs for e-commerce for over 15 years and have many types to work from. The big issues to cover, which many I see do not , are:-

* Ensuring you do not become committed to the sale until you are sure you can deliver, ie you have the product in stock (or ready to go from your supplier if drop-shipping etc) , and that the correct price has been declared (eg not a price error). This requires changing the default position so you do not offer to sell but invite the public to offer to buy. The 'acceptance' in law that creates the contract thus comes from you not the customer. Its dangerous to not do this but most small e-commerce sellers do not.

* Ensure you comply with the new 2014 law on return rights and information provided to avoid the customer having up to 3 months to be able legally to demand his money back even though what you delivered was in perfect order and exactly what requested. Many I have been looking at do not!

* Ensure you take full advantage of what the law allows in the way of minimising your liability.

* Maximise as best you can your ability to prevent customers suing you in a foreign country. It is not enough to just have a clause restricting court action to a UK country but understand that international law can invalidate it if your website content is written in a certain way.

* Contain detailed complaint and dispute resolution clauses to manage the risk of untrue consumer review

There are new consumer laws on the horizon which need to be understood and managed in the T&Cs. If anyone is interested there is a Westminster Business Forum event on the subject on the 5th February with government ministers, major consumer organisations and retailers (I am one of the panel speakers) - see here for details.
 
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DoubleSpeed

Free Member
May 31, 2013
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Bristol
Another option to consider is www. e-termsandconditions .com this site delivers custom made, tailored T&C's specifically for your business based on some simple questions, just the same a solicitor would ask you in a consultation. The result is that you get complete T&C's which are pre-formatted and relevant to your business for a fraction of the cost that a solicitor would charge.
 
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DoubleSpeed - can I suggest that when you next post here recommending a service that you make it clear it is a service of your own company, as in this case. (http://www.net-digital.co.uk/other-services-by-net-digital)

I also suggest that if you want to generate trust in a law related service that you first ensure that your own website does not breach the law. In this case e-termsandconditions.com is in breach of Regulation 7 of the Companies(Trading Disclosures) Regulations 2008 making yourself liable for a daily fine.
 
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DoubleSpeed

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May 31, 2013
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Bristol
Wow my post seems to have rattled your cage Graham you seem to be very techie for some reason, I'm offering an option and an option to business owners, as you are, to anyone reading the post individuals can make up their own mind on whichever method suits them I didn't suggest that your offering offer was substandard in any way.

I've not suggested that your service and experience are questionable. I've not suggested that your service shouldn't be considered. From your response you seem to be offended by me offering an alternative, your reply is very aggressive, my post is offering a genuine solution, I'm sorry you seem to have taken offence from it, I'm unsure why you have taken this aggressive stance attacking me for offering an honest solution to business owners.
 
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DoubleSpeed

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May 31, 2013
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Bristol
Whats the issue with my suggestion/option is it any less valid than ethicalprgirl's, Graham's, MarkHopkins or anyone else's on this forum, it's 'on topic' and a solution to the persons original question.I don't see why it should be OK to have a pop at me for offering a genuine solution isn't that the whole idea of this forum to post a question and get feedback.
 
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MarkHopkins

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Apr 7, 2014
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Whats the issue with my suggestion/option is it any less valid than ethicalprgirl's, Graham's, MarkHopkins or anyone else's on this forum, it's 'on topic' and a solution to the persons original question.I don't see why it should be OK to have a pop at me for offering a genuine solution isn't that the whole idea of this forum to post a question and get feedback.

I think the problem, DoubleSpeed, is that you did not explain that it was your own service, thus it can appear deceptive to readers when they find out.

I have no commercial connection to my suggestion, other than believing it to be a useful service.

If I posted links to something of mine, I would make it clear in my post.
 
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DoubleSpeed , you have totally misread my post. I have no problem with people offering solutions. I do a lot of work in encouraging low cost access to legal solutions. All I was suggesting was that, firstly, you should make it clear when you're recommending a service that www.e-termsandconditions.com is run by yourself and also you should make sure your own website does not breach the law. I would not expect you to object to either of these suggestions.

I welcome your initiative and I think that the message on your website is very well designed. But there are dangers in offering these solutions at extreme low price especially when you're suggesting that this is better for businesses then incurring the higher fees that would otherwise have to be spent with lawyers. I want to see services like yours succeed because technology should be exploited so that people can provide for themselves the necessary legal documentation. But this must be on the basis that low cost is linked with quality. If not, public trust becomes eroded and it becomes harder for others to succeed with such initiatives.

Since posting my response I've had a closer look at your website and in particular at the three examples of customers you link to who have used used your service. You specifically point them out as ways of finding out the quality of your product. However I was genuinely disappointed to find all three sets of terms and conditions, and in one case the privacy policy , breach the law and in two cases, unnecessarily exposes the businesses to foreign litigation.

In the case of E-av, the cancellation period is wrong as a result of which their liability to return monies is extended from 14 days to 14 weeks post delivery. The jurisdiction clause, by omitting the word 'exclusive', fails to achieve its objective of limiting court action to England and Wales. Also even if it included 'exclusive' by offering to ship abroad which should never be stated ( though you can still sell abroad) they expose themselves to foreign courts

In the case of Retrostyler the Privacy policy, in seeking to invite consent to exporting data outside of the EEA, ignores the fact that to do so to a country that does not satisfy EU standards ( of which there are many including U.S.) or provide a Safe Harbour Certificate gives customers a right to claim damages. It's Returns policy breaches by requiring the product not to have been used and to be in its original packaging. The terms of the Paprikashop commits the same error and also says they could exchange goods rather than return the purchase monies.

None seem to include the mandatory cancellation form.

I am very interested in finding software that will enable quality documents to be automatically compiled from the user completion of forms and in this way lower dramatically the cost barrier for business to adequately protect itself. It's not clear from your website whether you are operating a fully automated system with review or with the terms being manually put together from reading the forms. Let's finish this exchange here but why not give me a call as I think we have mutual interests and you may be able to help me on the software element.
 
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DoubleSpeed

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May 31, 2013
20
1
Bristol
Hi Graham, OK sure sounds good thank you, I will make contact with directly as suggested.

Just want to say one thing here which is that E-av isn't a reference site as such, they are on the site as a testimonial, they are customer of e-terms from several years ago so whilst they have the opportunity of logging into their account and regenerating their T&C's following legislation changes or changes to their business they may not have done this. In fact the ability to log-in and redownload updated T&C's is one of the big benefits of the e-terms system it offers an opportunity to future proof the business T&C's however e-terms cannot force end users to do this.

I can assure you that the core system was updated to take account of the Consumer Contracts Regulations which came into force on the 13th June 2014 so any e-terms customer who generates and downloads their T&C's since then will have the correct cancellation period etc.

Kind Regards,

Chris
 
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Thanks Chris for the explanation as to the cancellation period error although I have to say that the other issues I flagged applied pre the 2014 rules.

I do suggest you rephrase the page. There is a testimonial from E-av but your wording immediately before it says:-

"With over 2000 websites using our E-Terms services, the easiest way to see some example terms and conditions is to visit our customer's websites"

You then listed the three I referred to. I do appreciate you cannot force a customer to renew when the law changes but your update service is excellent and something most lawyers do not do.

I appreciate your PM and we'll chat this week.
 
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