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Online Sale Agreement for the United States

Online Sale Agreement Template for United States

An Online Sale Agreement is a legally binding contract that governs the sale of products or services through digital channels in the United States. It establishes the terms and conditions between the seller and buyer, including payment processing, delivery terms, returns policy, and dispute resolution procedures. The agreement ensures compliance with U.S. federal and state e-commerce laws, including the E-SIGN Act and various consumer protection regulations.

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What is a Online Sale Agreement?

The Online Sale Agreement serves as the fundamental legal framework for conducting business through digital channels. This document is essential for any business engaged in e-commerce within the United States, whether selling physical products, digital goods, or services. The agreement addresses crucial aspects such as product descriptions, pricing, payment terms, delivery conditions, returns policy, and warranty information. It ensures compliance with federal regulations including the E-SIGN Act, FTC requirements, and state-specific e-commerce laws. The Online Sale Agreement also typically includes provisions for data protection, privacy policies, and dispute resolution mechanisms.

What sections should be included in a Online Sale Agreement?

1. Parties: Identification of seller and buyer, including business details and contact information

2. Background: Context of the online sale arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including definitions of 'Products', 'Services', 'Website', 'Order', etc.

4. Product Description: Detailed description of products/services being sold, including specifications and limitations

5. Pricing and Payment Terms: Price, payment methods, processing fees, taxes, and payment processing procedures

6. Delivery Terms: Shipping methods, delivery timeframes, costs, and delivery restrictions

7. Returns and Refunds: Return policy, refund conditions, process for returns, and associated costs

8. Term and Termination: Duration of agreement and conditions for termination by either party

What sections are optional to include in a Online Sale Agreement?

1. International Sales: Additional terms for international transactions, including customs, duties, and cross-border restrictions

2. Subscription Services: Terms for recurring purchases, including billing cycles and cancellation procedures

3. Digital Products: Special terms for digital goods/services, including download procedures and usage rights

4. Age Restrictions: Age verification requirements and procedures for age-restricted products

What schedules should be included in a Online Sale Agreement?

1. Product Catalog: Detailed list of products with specifications and prices

2. Privacy Policy: Detailed privacy and data protection policies

3. Terms of Use: Website terms of use and access conditions

4. Shipping Rates: Detailed shipping costs and delivery timeframes by region

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Clauses






























Industries

E-SIGN Act: Federal law that validates electronic contracts and signatures, and establishes requirements for electronic records retention

Federal Trade Commission Act: Prohibits unfair or deceptive trade practices and establishes requirements for accurate product descriptions and pricing

CAN-SPAM Act: Regulates commercial email practices and sets requirements for marketing communications

Computer Fraud and Abuse Act: Addresses data security considerations and protection against unauthorized access in electronic systems

Magnuson-Moss Warranty Act: Establishes product warranty requirements and disclosure obligations for consumer goods

Fair Credit Billing Act: Sets requirements for payment processing and procedures for dispute resolution in electronic transactions

Uniform Electronic Transactions Act (UETA): State-level law adopted by most states that governs electronic transaction requirements and validity

State Consumer Protection Laws: Various state-specific laws providing additional consumer protection and disclosure requirements

California Consumer Privacy Act (CCPA): California-specific privacy law that may apply to online businesses collecting California residents' data

Children's Online Privacy Protection Act (COPPA): Federal law regulating the collection and use of personal information from children under 13

Americans with Disabilities Act (ADA): Federal law requiring website accessibility accommodations for disabled users

PCI DSS: Payment Card Industry Data Security Standard establishing requirements for secure credit card processing

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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