ECommerce Lawyers Australia

In Australia, businesses that sell goods or services must register an Australian Business Number (ABN). This includes e Commerce traders. An ABN is important for tax purposes, to demonstrate credibility and to identify who the owner of the business is.

A consumer guarantee is also known as a statutory warranty. They refer to a set of rights and protections provided by law to consumers when they purchase goods or services. These guarantees are a fundamental aspect of consumer protection laws. The following is a list of some of the consumer guarantees found in the ACL:

• Quality and Fitness for Purpose: Goods must be of acceptable quality, fit for the purpose they were intended for, and match any description or sample provided to the consumer.
• Undisturbed Possession: Consumers have the right to undisturbed possession of goods, meaning they should have clear title and ownership of the purchased goods.
• Title and Ownership: Businesses selling goods must have the right to sell them (clear title) and consumers must have the right to own them without any undisclosed encumbrances.
• Service Standards: Services must be provided with due care, skill, and expertise and must be fit for the purpose for which they were purchased.
• Repairs, Replacements, and Refunds: If a product or service does not meet the consumer guarantees, consumers have the right to seek remedies such as repairs, replacements, or refunds, depending on the nature of the issue and the consumer’s preference.

The following is the wording that must be used to inform consumers of their legal rights:

For goods, the mandatory wording should include the following phrase or something similar:

“Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

For services, the mandatory wording should include the following phrase or something similar:

“Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: (i) to cancel your service contract with us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.”

A great place to start if you are looking for a lawyer to help your eCommerce business is a search engine. A high-quality digital law firm will understand how search engines work and have taken steps to rank well enough for you to find them! The best advice is just around the corner.

If your business buys and sells over the internet, we can also help with:

• Drafting privacy policies for eCommerce businesses
• Drafting website terms of use for eCommerce businesses
• Drafting eCommerce terms and conditions
• Drafting sales and refund terms and conditions
• Providing legal advice on the rights and obligations of eCommerce businesses
• Reviewing marketing, social media and advertising campaigns to ensure legal compliance
• Reviewing and negotiating supplier agreements, including agreements with overseas suppliers
• Managing consumer disputes for e-commerce businesses
• Dealing with regulatory authorities, including regulatory investigations
• Providing legal advice on consumer rights and the Australian Consumer Law