In this article we will discuss 4 items for websites that could be vital to your site. This includes:

If your website is one that is informational and you are not selling online, please read the first section “Privacy Policy”. The three last sections pertain, but are not restricted, to those selling online. If you are unsure, please feel free to contact FusionFly to discuss and ask us about them.

PRIVACY POLICY

A Privacy Policy is probably one of the most important legal agreement for your online business, regardless how or where you operate: website, mobile app, desktop app and so on. The top 4 reasons why you need a Privacy Policy agreement: Reason 1: Required Perhaps the most important reason why you need a Privacy Policy is because you actually probably do need it. If you collect any personal information from any California-based users, such as email addresses, GPS location, phone numbers, or mailing addresses, you are required to have a legal statement available for users to review that discloses the privacy practices of your business by the California Online Privacy Protection Act (CalOPPA), even if you are based outside the state of California. Canada, Australia or Europe are not any different in this regard. For example, the EU Directive is not limited to EU countries only, but works on a global level as it affects any business that collects personal information from any user in the EU. Reason 2: Third-party Requirement Many third-party services that are designed to enhance your website or app. Service such as Google AdWords, Google Analytics, Facebook, Twitter, Apple, etc. By using their services, plugins, SDKs, and so on, you may be required to have something or a link off to their Privacy Policy. Reason 3: Users Want Privacy People care a lot about their privacy, especially when it comes to the use of their personal information online. Most users want to feel secure before providing private information, such as the home address. Reason 4: It’s Ubiquitous Even if you don’t collect any personal information from users, you should consider creating a Privacy Policy page regardless. Even if all it says is that you don’t collect any information. Do remember that if you have any connections with Third Party systems mentioned above, it may not be quite that simple. In most cases, you should place your Privacy Policy on its own page and have a link to it as part of your website’s footer menu that shows on all your website’s pages.

TERMS AND CONDITIONS

  While a Terms and Conditions agreement is recommended to have for your website, it’s not required by law to have this agreement. Only the Privacy Policies are required by law if you collect personal data from your users: email address, first and last names, shipping address, etc. In the simplest terms, the agreement sets the rules that users must agree to in order to use your website. 5 main reasons why you should have a Terms and Conditions agreement: Reason 1: Prevent Abuses A Terms and Conditions acts as a legally binding contract between you and your users, setting the rules and guidelines that users must agree to and follow while using your website or mobile app. For example someone using abusive language, spamming other users, posting defamatory content or attempting to infect the website or app with malware can be temporarily or permanently banned. Reason 2: Own Your Content In the Terms and Conditions, you can inform users that you are the owner of such content (as mentioned above) and that the content you own is protected by international copyright laws. An exception to this may be any user-generated content. Reason 3: Terminate Accounts Due to reasons listed as examples in reason 1 above, a section of the document lets users know that abusive accounts will be terminated and/or banned from using the service. The Termination clause is aimed at websites that have a registration section such as for blogs, membership, sales, or shopping. Reason 4: Limit Liability Terms and Conditions agreements commonly include a warranty disclaimer that tries to limit the website owner’s liability in cases where errors are found in the content presented on the website. This kind of clause notifies users that the owner can’t be held responsible for any errors in the content presented, or for the information provided being accurate, complete, or suitable for any purpose. Reason 5: Set The Governing Law The Governing Law clause refers to the jurisdiction that applies to the terms presented in the agreement. This avoids confusion or legal battles by stating that your site is operated under the laws of your particular state or province and in which country. If legal challenges due occur, God forbid, it will also state that any legal processes will be held in that particular court system and not in another state or, worse, in another country.

RETURN/REFUND POLICY

Studies have shown that over 60% of customers review a Return/Refund Policy before they make a purchasing decision. The Policy is the agreement where you inform customers about your policies regarding returns and refunds. It usually includes the following pieces of information:

  1. How many days they have to return a product
  2. How will they receive the refund (credit or replacement)
  3. If you offer refunds for digital products or in-app purchases
  4. Who pays for shipping to return the product

While there isn’t a law requiring ecommerce stores to have a Return Policy, uf you sell products, it will reduce headaches down the road. There are two main benefits to having a Return Policy. First, you will be able to control your return terms. Secondly, you will gain the confidence of potential customers and convert more sales. Your Return Policy should include the following information:

  1. How many days customers have to initiate a return
  2. How they should initiate a return
  3. Conditions of returns (must be unworn, in original packaging, etc.)
  4. Restrictions on returnable items (no returns on software or undergarments, etc.)
  5. What form you provide a refund in (original form of payment, store credit only, etc.)
  6. What party pays return shipping costs
  7. If you have any restocking or other fees you deduct from refunds

You do not need to get agreement to your Return Policy to enforce it. Simply posting it will be enough to make your policy enforceable. However, if you want to go above and beyond to make sure your bases are covered, you can add an unticked checkbox to the final checkout screen of your ecommerce store that users will have to check to show they “Agree to your Return Policy.” You should also display your Return Policy as a link in your website footer along with your other important legal agreements and policies.

SHIPPING POLICY

Shipping Policies Mean Fewer Customer Service Issues Shipping Policies cut down on customer service inquiries or refund requests. You’ll get fewer emails related to shipping questions, and when you do get them, you can direct them to your Shipping Policy. Essential Parts of Your Shipping Policy

  • Shipping Methods
  • What are your shipping options
  • Restrictions on delivery locations or on specific products

Here are items that can be included: Expected Timeframes (including Handling) How long will the customer wait to receive their item from the time they click Purchase to the day it arrives on their doorstep? Shipping Prices How much does shipping cost? You should include it in your Shipping Policy. Shipping Restrictions Are there places you won’t deliver? Perhaps there are items that you can’t send to certain countries. Declare these restrictions in your Shipping Policy. List any other restrictions such as to military addresses or outside a specific region. Contact Details for Missing or Lost Packages Packages get lost or misplaced even with the most robust shipping procedures in place. A dozen things can happen between the time your package leaves your warehouse and when it reaches the customer. Give customers a point of contact if their package doesn’t arrive when it should. Customs and Duties If you offer international shipping, then someone, at some point, needs to deal with customs and duties. Payment Methods Your Shipping Policy is a good place to put your payment information, even if you already included it elsewhere. For example, you might place a temporary hold on a customer’s credit or debit card upon purchase but then only take the payment once the item ships. How do you charge for items shipped to other countries? Restricted Item Clauses Alcohol is the most popular restricted material, but you’ll also need these if you intend to ship vape juice, CBD items, chemicals, or any other highly-legislated item or age-restricted material. Cancelling an Order Can customers cancel an order after making the purchase? Or do they have to wait to return it? Let them know where you stand in your Shipping Policy. Where to Display Although there is no required place to have these items, many will combine all four into one long document, with jump links down to each section. A few sites will have their Privacy Policy on one page and combine the remaining three into another. Very few will have a separate page for each of the four. The vital part is to make it available to your users. So here are recommendations to where to have them:

  • In Your Website Footer. This is the most common place on almost all websites. Placing a menu in the footer that shows up on all your pages, makeing it very easy for anyone to find. Of course, you can also place it in other menus on the top of the page or as reference links within other pages of the site, but many times this is over-kill.

 

  • Inside your shopping cart and checkout process. Many will get to the cart or checkout point and begin to second guess their purchase asking themselves when will it ship, it this a legitimate site, what if I need to return something? Many cart systems now have the option for customers to click that they agree to the terms, which protects you, but more importantly will allow them to review your terms, return and shipping policy in a popup window, keeping them moving forward in the sale.