Website Notices and Disclaimers
2020 and the Coronavirus shutdown has accelerated the migration from brick and mortar storefronts to online eCommerce websites. This shift to online sales and the accompanying marketing techniques has brought with it the need for new legal documentation like website notices and disclaimers.
Ecommerce legal disclaimers and notices are an important part of doing business online. Newly minted owners of eCommerce stores should be aware of what these documents are and instruct experienced legal counsel to draft and review them prior to publishing.
Your website is online software made available to the public, so it is essential that all users of your software enter into an agreement with you that protects you and other users from malicious or inappropriate activity. You also want to make sure that your website is being used in the way it was intended and not, in a way that violates your intellectual property rights or the privacy of your other users.
Delivery and Returns Policy
Another very important component of delivering goods and services online is the delivery and returns policy. This should clearly spell out how physical items are sent to customers when ordered, how long customers should expect to wait before receiving the delivered items and what constitutes an item being delivered. Your delivery and returns policy should have guidance on whether items are damaged in transit are covered by any guarantees and can be replaced. Likewise, a well-thought-out delivery and returns policy should set out rules permitting returns of damaged products under specific circumstances along with how your company will honor returns, whether users pay for return delivery charges and whether your company replaces the item or refunds the transaction in the case of a return.
The Americans with Disabilities Act of 1990 covers certain industries and businesses making them liable for providing “reasonable accommodations” for users who are partially or completely blind, deaf or otherwise physically impaired. If you are a company affected by the ADA in your physical workplace, then it is wise to make reasonable digital accommodations and outline these in an accessibility statement. A strong accessibility statement identifies where accommodations have been made, recognizes the challenges in making these accommodations 100% effective for all users, invites comments and suggestions to a webmaster and states the legal contact for more serious legal communications about the rights of users to ADA-complaint websites.
The Importance of Counsel
To maximize your users’ experience and avoid unnecessary liability, it is essential that any business documents placed on a public website are made in consultation with an experienced Business and Corporate attorney. Are you currently or expecting to do business online? If so, contact South Florida Law today on (954) 900-8885 or click here to reach out via our contact form for a free consultation.