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3 Legal Must-Haves for BFCM Success

Black Friday and Cyber Monday (BFCM) is a goldmine for any business including online businesses!  So I get it, I know you've probably been plotting out your sales strategies and marketing gimmicks for weeks now, but let's not forget about something just as crucial: the legal stuff. Yeah, it might not be the life of the BFCM party and more of a snorefest but hear me out!   Having the right legal stuff together can save you from a lot of headaches down the line, so I'm going take you three 3 legal must haves for BFCM success.  Ready to dive into the nitty-gritty? Let's go. 

Website Terms & Conditions for ecommerce 

So, you’ve got suppliers delivering your top-selling items and freelancers managing the overflow of customer service queries. Great! But before you start counting those Black Friday bucks, lets talk about your wesbite’s terms & conditions.  Its not just legalese my friend, it’s your first line of defence against legal hiccups! 

You want your ecommerce website terms & conditions to be clear on the terms, outline each party's obligations, and specify the dispute resolution process.  

Over communication is Your Friend.  Go into the details—include links to your shipping policy, returns and refunds policy, payment conditions. These things may sound tedious but trust me, it’s better to be over-prepared than under.  Your website T&Cs need to set out at a minimum: 

  • Acceptance of your terms – this needs to set out how the terms are accepted 
  • Prices and Payment Terms – clarify what currency, what the acceptable payment methods are for example 
  • Intellectual property – images, blog content etc its all your IP so let visitors/customers know that and what they can and cannot do with that content. 
  • User generated content/Testimonials – what you can do with any reviews/testimonials if provided – you are gonna want to use them on your socials or your newsletters for example. 
  • Limiting your liability – making it clear what your limitations on liability are (needs to be in compliance with Australian Consumer Laws). 
  • Dispute Resolution/Handling complaints 
  • Links to your Refunds, Returns and Shipping policies. 
  • Link to your privacy policy 
  • Governing law 

Here's a pro tip: Make sure to have your refund & return policy and shipping policy are added as separate URL links in the footer of your website as well as add them as FAQs with links back to these policies.  If you have a chat bot add in your FAQs in there relating to returns, refunds and shipping. 

Another pro tip:  And a hyper link to your T&Cs and important policies that require an acceptance by the purchaser before they hit the “buy” button 

Privacy Policies 

Be Transparent and Stay Compliant 

We live in a digital age, where data is the new gold. You’re going to collect a heck ton of customer data during BFCM. But then comes the question: How are you using this data? Your privacy policy needs to clearly state how customer data will be used, stored, and protected. A clear and compliant policy not only meets legal requirements but also builds customer trust. 

GDPR and Other Regulations 

You might be thinking, “I’m in Australia; why would GDPR matter to me?” Well, if you have customers from the EU, you’re obligated to comply with GDPR. So, take no chances and make sure you’re globally compliant.  

Clear Return and Refund Policies 

Keeping It Simple and Transparent!  Imagine a scenario where a customer isn't happy with their purchase. They look at your return policy, and it's as clear as mud. You’ve just turned a minor hiccup into a potential PR nightmare. Your return and refund policies need to be straightforward, fair, and easily accessible. No legalese, no jargon, just clear, simple language that anyone can understand. 

Clear policies can be a value-add for your brand. It gives customers the confidence to click that 'Buy Now' button, knowing that you have a fair and straightforward process for handling returns and refunds.  So make sure your returns and refund policies clearly set out in what circumstances a refund will be provided, how to organise a return and obtain a refund, how long it will take to organise the refund at your end, who to contact if any issues arise. 

Check out our bestselling eCommerce kit which includes:  

  • Ecommerce Website Terms and Conditions Template (Including Digital Products) 
  • Ecommerce Privacy Policy Template 
  • Return & Refunds Policy 
  • Shipping Policy 
  • BONUS: Privacy Policy User Guide 
  • BONUS: Website T&C User Guide 
  • BONUS: Choosing your E-commerce Business Model Checklist 
  • BONUS: Ecommerce Kit Checklist 
  • BONUS: Business Start Up Checklist for e-commerce 
  • BONUS: How To Set Up Website Terms and Conditions 


They're practically foolproof, giving you more time to focus on raking in those BFCM sales and to sweeten the deal we have a free BFCM Legal readiness Checklist to read at your own leisure! 

All wrapped up! 

There you have it—your guide to a legally sound BFCM. Remember, a well-prepared business is a successful business. Our eCommerce kit and free BFCM Legal Readiness Checklist will help you prep for the big day without breaking a sweat. 



***Disclaimer. Please read!!***   


This article is for general information purposes only and should be used solely as general guidance. It does not and is not intended to represent legal advice or other professional advice.