Merchant Guide: Website Terms and Conditions

While it might seem like complex legal fine print, a well-crafted Terms and Conditions (T&Cs) page is one of the most important pages on your e-commerce website. It acts as a legal contract between you (the merchant) and your customers. By outlining the rules and expectations for using your site, you protect your business from liability, build customer trust, and ensure you comply with South African law.

Why Are Terms and Conditions So Important?

1. Limit Your Liability: A T&Cs agreement allows you to include disclaimers and limit your financial liability if your products or information are used incorrectly.
2. Establish Your Rules: You define what is acceptable and unacceptable use of your website, protecting it from abuse.
3. Protect Your Intellectual Property: You can assert your ownership and copyright over the content on your site, such as your logo, text, and images.
4. Manage Customer Expectations: It clearly outlines your processes for payments, shipping, returns, and refunds, which can prevent disputes and chargebacks before they happen.
5. Ensure Legal Compliance: In South Africa, the Electronic Communications and Transactions Act (ECTA) requires online businesses to disclose specific information to customers. Your T&Cs page is the perfect place to do this.

What Key Information Should You Include?

A comprehensive T&Cs document should cover the following key areas:

• Agreement to Terms: A clause stating that by using the website, the customer agrees to be bound by the terms.
• Company & Legal Information: Your full company name, registration number, address, and contact details as required by the ECTA.
• Product & Service Information: A description of what you sell and a disclaimer about potential inaccuracies.
• Pricing, Payment & Security: The currency used (ZAR), accepted payment methods, and information about your secure payment gateway.
• Shipping, Returns & Refunds: Clear details on these policies or, even better, a link to their dedicated pages.
• Intellectual Property Rights: A statement protecting your website's content.
• Limitation of Liability: A legal clause that limits your responsibility for any damages that may occur.
• Governing Law: A statement that your business is governed by the laws of the Republic of South Africa.

To make this process easier, we have created an adaptable template below.

Example Terms and Conditions Template

Disclaimer: This is a general template and should not be considered legal advice. It is highly recommended that you consult with a legal professional to ensure your Terms and Conditions are perfectly tailored to your specific business needs and are fully compliant with the latest regulations.

Terms and Conditions for [Your Company Name]

Last Updated: 18 June 2025

1. Introduction

Welcome to [Your Company Name]. These Terms and Conditions govern your use of our website, located at [Your Website URL], and the purchase of any products or services from us. By accessing and using our website, you agree to be bound by these terms. Please read them carefully.

2. Company & Legal Information

This website is operated by [Your Registered Company Name], a [e.g., Private Company] based in South Africa.

• Company Registration Number: [Your Company Registration Number]
• Physical Address: [Your Full Physical Address]
• Email Address: [Your Customer Service Email]
• Phone Number: [Your Business Phone Number]

3. Products and Services

We take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the website are correct. However, we reserve the right to refuse orders where product information has been mis-published, including prices and promotions.

4. Pricing and Payment

All prices are displayed in South African Rand (ZAR) and are inclusive of Value-Added Tax (VAT) where applicable. Full payment is required before any order is dispatched.

We use Peach Payments as our trusted, secure payment gateway. All online card payments are processed through their PCI-DSS Level 1 compliant systems. We do not store any of your sensitive card details on our servers. All transactions are subject to 3D Secure authentication as required by South African banks.

5. Shipping and Delivery

We are committed to delivering your order accurately and in good condition. For full details on our shipping process, timelines, and costs, please see our dedicated [Shipping Policy Page Link].

6. Returns and Refunds

Your satisfaction is important to us. If you need to return a product or request a refund, please refer to our [Returns & Refunds Policy Page Link] for detailed instructions and conditions.

7. Intellectual Property

All content included on this website, such as text, graphics, logos, images, and software, is the property of [Your Company Name] or its content suppliers and is protected by South African and international copyright laws.

8. Limitation of Liability

This website and its content are provided on an "as is" basis. [Your Company Name] makes no express or implied representations or warranties of any kind, as to the operation of the site or the information, content, materials, or products16 included on this site. You expressly agree that your use of this site is at your sole risk.

9. Governing Law

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Republic of South Africa.

10. Changes to Terms and Conditions

We reserve the right to update or change our Terms and Conditions at any time. Any changes will be posted19 to this page, and we encourage you to review it periodically.

11. Contact Information

For any questions regarding these Terms and Conditions, please contact us at [Your Contact Email].