DTC Ecommerce Terms Review

Every Online Store Needs Terms That Actually Work

I check for order acceptance mechanics, shipping liability, return policies, and the provisions that protect your store when things go wrong. Most Shopify templates miss the important stuff.

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Sergei Tokmakov, Esq. California Bar #279869 · Ecommerce & DTC

The 6 Ecommerce Provisions I Check First

These protect your store when orders go sideways

Order Acceptance & Contract Formation

When is a contract formed - at order or shipment? Right to cancel for price errors or inventory issues. Backorder and preorder terms. Without this, every order confirmation is a binding contract.

Shipping & Risk of Loss

When does title/risk transfer - at shipment or delivery? Who's responsible for lost packages? Shipping delay liability. International terms (DDP vs DDU). This determines who eats the loss.

Returns & Refunds

Return window and conditions. Restocking fees. Return shipping responsibility. Refund method (original payment vs store credit). Final sale items. Missing this = chargebacks and disputes.

Product Warranties

Express warranty terms (if any). Warranty disclaimers for as-is items. Manufacturer vs seller warranty. Warranty claim process. Know what you're promising.

Payment & Fraud

Payment methods accepted. Authorization vs capture timing. Fraud screening rights. Chargeback policy. Right to cancel suspicious orders. Protect against fraud losses.

California Compliance

Prop 65 warnings (if applicable). Auto-renewal disclosure for subscriptions. CPRA privacy rights. California has the strictest consumer laws - if you sell there, you comply.

Standard Clauses I Also Verify

Beyond ecommerce-specific provisions

Governing Law

Choice of law and venue

Dispute Resolution

Arbitration, class waiver

Liability Limits

Damage caps and exclusions

Indemnification

Third-party claims

Privacy

Data collection and use

User Accounts

Account terms and security

IP Rights

Content and trademark use

Modifications

Terms change process

Industry-Specific Ecommerce Scanners

Some product categories have additional provisions I check

Supplements

FDA disclaimers, health claims

Coming Soon

Cosmetics

Ingredient claims, allergy warnings

Coming Soon

Food & Beverage

Perishables, allergens, shipping

Coming Soon

Digital Products

Downloads, licensing, no returns

Coming Soon

Scan Your Ecommerce Terms

Paste your Terms of Service below. I check ecommerce-specific provisions first.

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Analysis Results

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