In this three-part series of posts, we bring you a checklist of questions to help you tackle the challenge of website legal compliance.
Are your terms and conditions of sale binding?
It is imperative that online purchasers are bound by the terms and conditions of sale or engagement. Simply making terms and conditions available by hyperlink may not be sufficient to incorporate the terms and conditions of sale into the purchase arrangements.
It is generally recommended that purchasers should be required to scroll through the terms and conditions of sale and click an “I Accept” icon before proceeding to checkout and purchase. This mechanism is intended to ensure that the terms and conditions of sale are fully incorporated into the agreement with purchasers. Under Irish contract law all the terms and conditions and, in particular, any exclusions of liability must be brought to the attention of purchasers.
Are your terms and conditions unfair?
If you sell goods or services to a consumer, you should consider whether your terms and conditions are “unfair.” The Unfair Terms in Consumer Contracts Regulations 1995 (as amended) provide that unfair terms will not be binding on a consumer.
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