eCommerce Lawyers, Sydney

Selling online isn’t legally simple — even if the platform makes it feel that way

Shopify, Amazon, and Stripe have made it remarkably easy to start selling online. What they haven’t simplified is the legal framework underneath: Australian Consumer Law, the Spam Act, product liability, cross-border obligations, and platform terms that can change overnight.

We work with eCommerce businesses from early-stage DTC brands through to established retailers — including one of the world’s leading Shopify marketing platforms.

Terms and conditions that actually fit your business

Off-the-shelf terms rarely cover the specifics of how you sell, deliver, handle returns, or manage subscriptions. We draft website terms, terms of sale, and subscription terms that comply with Australian Consumer Law and reflect your actual business model. This matters — because when a customer dispute escalates, the terms you published are the terms you’re held to.

Australian Consumer Law isn’t optional

Consumer guarantees, refund obligations, pricing representations, product safety standards, and testimonial rules all apply to online sales. The ACCC actively enforces these, and penalties are significant. We advise on compliance and help you build processes — from your refund policy to your marketing copy — that reduce enforcement risk.

Supply and distribution agreements

Whether you’re the brand or the retailer, your supply agreements need to properly address pricing, exclusivity, minimum orders, IP licensing, and termination. We draft and negotiate these for both sides of the relationship.

Marketing and promotions

Influencer arrangements, competition terms, email marketing under the Spam Act, and advertising claims all have specific legal requirements. Getting these wrong can result in ACCC action or costly disputes. We help you market effectively within the rules.

Selling across borders

If you’re selling to customers outside Australia, you may have obligations under foreign consumer protection, privacy, and tax laws. We help you understand which ones actually apply and manage the risk proportionately — not every overseas sale requires a full international compliance program.

If you’re running an eCommerce business and want to make sure your legal foundations are solid, let’s chat.

Frequently Asked Questions

Do I need terms and conditions for my online store?

Yes. Terms and conditions govern the contract between you and your customers — covering payment, delivery, returns, liability, and dispute resolution. Without them, you're relying on default positions under Australian Consumer Law, which may not reflect your business model or protect your interests.

What are consumer guarantees under Australian law?

Consumer guarantees are automatic rights under the Australian Consumer Law that cannot be excluded. They include guarantees that goods are of acceptable quality, fit for purpose, and match their description. If a product fails to meet a guarantee, the consumer is entitled to a repair, replacement, or refund depending on the severity of the failure.

Can I sell to overseas customers?

Yes, but you may have obligations under foreign consumer protection, privacy, and tax laws depending on where your customers are. The key is understanding which jurisdictions' laws apply to your sales and managing the risk proportionately — not every international sale requires full compliance in every country.

What are my obligations under the Spam Act?

The Spam Act 2003 prohibits sending unsolicited commercial electronic messages without consent. You must have the recipient's express or inferred consent, include your business identity and contact details, and provide a functional unsubscribe mechanism. Penalties for non-compliance are significant.