If you are selling jewellery and accessories online, you should have a comprehensive set of Sales Terms and Conditions for your website. These Sales Terms and Conditions form an agreement between your business and the people purchasing your jewellery. You and your contract lawyer should consider including a number of clauses into your terms and conditions that will protect your business. Sales Terms and Conditions typically cover things like the payment process for ordering your products online, the procedure for cancellations, and the availability of products.

What to include in your Sales Terms and Conditions

Two of the most important areas you should cover in your Sales Terms and Conditions are the delivery and shipment of products and returns and refunds. It is important that you and your contract lawyer set out how products can be ordered and paid for, as well as the payment methods you will accept and the process for making changes to your order. Make sure to address how orders can be cancelled and what your business will do if a product is not available or out of stock. It is best practice to explain in the terms and conditions what happens when a customer pays for a product that is not available. For example, the customer can choose a refund, store credit or put their order on backorder.  If they choose a refund or store credit, then any delivery costs they paid for the product should be refunded. If they choose to put their order on backorder, you will contact them to arrange for delivery once the product is available.

Shipment and Delivery

In addition to ensuring your Sales Terms and Conditions cover the relevant consumer guarantees, it is a good idea to also set out how long it usually takes to ship the jewellery. Try to address what the costs will be for delivery and whether there will be any free shipping available. The customer might also be interested in the different methods for delivery and which locations you will deliver your products to.

The Australian Consumer Law

As mentioned, there should always be a clause in any Sales Terms and Conditions that addresses compliance with the Australian Consumer Law (ACL). This clause should set out that the ACL provides consumers with certain rights and protections and cannot be excluded, restricted or modified by your Sales Terms and Conditions.

For repairs, replacements or refunds, you should require customers to provide you with a proof of purchase. Explain that the product will need to be inspected before you provide a refund, repair or replacement. Also note that returns and exchanges do not have to be given for change of mind. Another important clause that your contract lawyer should consider including is that all exchanges will be for products of equal or lesser value.

Outline that products must be returned in their original condition. This is particularly important when you are selling jewellery, which, when used, can pose a serious health risk to a subsequent purchaser of the same used product.  Set out in the Sales Terms and Conditions that you will not accept returns or exchanges for any piercings due to the obvious health risks. Keep in mind that you may be required to provide refunds on these items. It is also important to clarify that all other items, such as bracelets and necklaces, should be returned in their original box and should not be tampered with or adjusted in any way. Customers should return products in a safe manner so that the jewellery does not become damaged while in transit, particularly for fragile goods. Explain whether the customer or your business will pay for items being returned.

Conclusion

A comprehensive Sales Terms and Conditions that complies with Australian Consumer Law can reduce encountering legal issues with customers in the future. At LegalVision, we provide our clients with a variety of other agreements, many of which you may need for your jewellery store, including a Privacy Policy and Website Terms of Use. So if you’re in need of legal advice, contact LegalVision on 1300 544 755 and speak with one of our experienced online solicitors today. 

Edith Moss

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