Terms and conditions often used in eCommerce transactions.
Last Published: 5/22/2017

Terms and Conditions

Here are some terms and conditions you might want to consider adding to your website (your legal counsel should review all your terms and conditions):

  • Export Regulations: All commodities, technology, and software are exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited.
  • Tariffs and Taxes Paid: Tariffs and taxes will be prepaid, and a (add amount) broker’s fee will be assessed per order.
  • Tariffs and Taxes Unpaid: The recipient is responsible for all tariffs, taxes, and customs fees at time of delivery. We will estimate these charges upon request.
  • Non-delivery: If you refuse delivery of an item after it reaches its final destination, if you refuse to pay tariffs and taxes, or if you are unavailable for delivery after a certain number of attempts, you will be responsible for any import tariffs, taxes, and shipping and handling fees incurred to send the shipment back to the merchant in the United States, as well as any restocking fees that may be applicable.

Standard Terms for Shipping

You’ll want to post international shipping terms on your website. Here are two samples (your legal counsel should review all your terms and  conditions):
  • Sample Terms 1: Orders that are shipped to countries outside the United States may be subject to import taxes, customs tariffs, and fees levied by the destination country or the shipping company. These charges are the customer’s responsibility and will be billed by the delivery company. We have no control over these charges and are unable to estimate them. Tariffs and taxes are neither collected nor included in your price calculation at the time of your order; for an estimate of these fees, which vary by region, contact the customs office in your area.
  • Sample Terms 2: It is the buyer’s responsibility to ensure that the product can be lawfully imported to the destination country. The recipient must bear any additional charges for customs clearance; we have no control over such charges and cannot predict what they may be.
 
Some exporters have found that offering to estimate landed costs is helpful in closing the sale and preventing returns. The larger shipping companies have landed cost-estimating tools on their websites.




eCommerce Industry eCommerce Terms of Sale Trade Documents