1. Introduction and Agreement to Terms
A clear statement that by using your website and placing an order, the user agrees to be bound by your terms and conditions.
Alternative names: Note that this section is sometimes called “Terms of Service” or “Terms of Use.”
2. Intellectual Property Rights
This is especially important for a fashion brand to protect its creative assets.
Ownership: A statement that all content on your website—including logos, designs, product images, text, and graphics—is your intellectual property.
Prohibited Use: A clause that prohibits users from copying, reproducing, modifying, or using your intellectual property without your explicit written permission.
3. Product Information and Descriptions
Accuracy: A disclaimer stating that while you strive for accuracy, product descriptions, colors, and measurements are for illustrative purposes and may vary slightly due to monitor settings or manufacturing processes.
Availability: A clause stating that products are subject to availability and that you reserve the right to change or discontinue products at any time.
4. Ordering and Payment
Order Acceptance: A clear explanation of the order process, including when an order is considered accepted (e.g., when you send a confirmation email).
Pricing: Details on pricing, including whether prices are subject to change, what currency is used, and if taxes or shipping fees are included or calculated at checkout.
Payment Methods: A list of the accepted payment methods and a statement that you are not responsible for any fees charged by the user’s payment provider.
5. Shipping and Delivery
Shipping Methods: An overview of the shipping options available, along with estimated delivery times and costs.
Shipping Liability: A clause that clarifies when the risk of loss or damage to a product transfers from you to the customer (e.g., once the package is handed over to the shipping carrier).
Delays: A disclaimer that you are not liable for shipping delays caused by third-party carriers or unforeseen events.
6. Returns, Refunds, and Exchanges
This section should be a simple, clear, and easy-to-find policy, and it’s often a separate page that is linked to from the T&C.
Return Policy: The conditions under which a customer can return a product, including the timeframe for returns (e.g., 14 or 30 days).
Product Condition: The required condition for a returned item (e.g., unworn, with all original tags).
Refund Process: An explanation of how refunds are processed, including the timeline and method of refund (e.g., to the original payment method).
Exchanges: Information on whether exchanges are offered and the process for making an exchange.
Exceptions: Any items that are non-returnable (e.g., final sale items, custom-made products).
7. User Conduct and Prohibited Activities
Lawful Use: A clause stating that users must use the website only for lawful purposes.
Content and Comments: Rules regarding user-generated content, such as reviews or comments, and the right to remove any content that is obscene, defamatory, or infringes on others’ rights.
8. Limitation of Liability and Disclaimer
This is a critical legal section that protects your business from being held liable for certain issues.
No Warranty: A statement that your website and products are provided “as is” without any express or implied warranties.
Limitation of Liability: A clause that limits your liability for any direct or indirect damages that may arise from the use of your website or products.
9. Privacy Policy
Data Protection: A brief statement explaining that you collect and use personal data in accordance with your separate Privacy Policy, and a clear link to that policy.
10. Governing Law and Dispute Resolution
Jurisdiction: A clause specifying the laws that govern the terms and conditions and the jurisdiction where any disputes would be resolved. This is typically based on your business’s location.