Terms and Conditions for Online Sales by Retailers to Consumers

by Practical Law Commercial Transactions

A Standard Document containing general terms and conditions for the online sale of goods and related services by a retailer to consumers. These business-to-consumer (B2C) e-commerce terms are drafted in favor of the retailer who does not provide any direct warranties but passes along the manufacturer's warranty to the consumers. This Standard Document addresses the legal and practical issues of online contract formation, including methods for obtaining customer assent to create an enforceable unilateral contract. Key provisions cover order acceptance and cancellation, pricing and payment terms, shipping, and return and refund policies. This Standard Document also provides pro-seller language for crucial risk-management clauses such as warranty disclaimers under the Uniform Commercial Code (UCC), limitations of liability, and a force majeure clause. Furthermore, this Standard Document discusses dispute resolution through binding arbitration administered by the American Arbitration Association (AAA), waivers of jury trials and class actions, and considers compliance with consumer protection statutes like New Jersey's Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).