1. Eligibility and Access
- User Age:Specify that users must be over 18 and competent to contract under the Indian Contract Act, 1872, to make purchases.
- Free Access:Acknowledge that the website is freely accessible, but use is still subject to the T&Cs.
2. Website Use and Conduct
- User Accounts:Detail responsibilities for account security, password confidentiality, and any activity under their account.
- Permitted Use:State that the website is for legitimate inquiries or orders only, prohibiting speculative or fraudulent orders.
- Content Creation:If users can post content, include a clause about content ownership and the responsibility to not infringe copyrights or trademarks.
3. Orders and Payments
- Contract of Sale:Clarify that a listing is an invitation to offer, and a sale is formed when the order is accepted and processed.
- Pricing:State that all prices are in Indian Rupees and mention responsibility for taxes.
- Order Cancellation:Reserve the right to cancel orders, for instance, due to mispriced items.
- Payment:Explain that online payments are processed at the time of order and specify the refund process for undeliverable items.
4. Product Policies
- Availability:Inform users that availability is listed on product pages and that you may be unable to ship certain items.
- Returns and Refunds:Refer users to your separate Returns and Refund Policies for detailed information.
5. Liability and Disclaimers
- Limitation of Liability:Include clauses limiting your liability for indirect damages, such as lost profits, as permitted by Indian law.
- Disclaimer of Warranties:State that products are provided "as is" without warranties, except where expressly stated.
6. Legal and Governing Law
- Governing Law: Specify that use of the website is governed by Indian laws.
- Dispute Resolution: Define the jurisdiction for resolving any disputes that may arise.
7. Amendments and Force Majeure
- Amendments:State your right to make changes to the T&Cs and how users will be notified.
- Force Majeure:Include a clause covering events beyond your control that may prevent fulfillment of obligations.
8. Other Considerations
- Privacy: Mention that the website's Privacy Statement applies to user data.
- Electronic Communications: Confirm that all communications provided electronically satisfy legal requirements for being in writing.