This Distance Contract template has been developed to facilitate remote selling arrangements in Australia, ensuring compliance with relevant legislation including the Australian Consumer Law, Electronic Transactions Act, and Privacy Act. It is specifically designed for businesses engaging in distance selling, whether through online platforms, telephone, or other remote communication methods. The document provides a comprehensive framework for establishing clear terms and conditions, protecting both business and consumer interests, and meeting regulatory requirements for remote transactions. Key features include mandatory cooling-off periods, clear information disclosure requirements, and provisions for electronic communications and data protection. This template is particularly relevant in the current digital economy where distance selling has become increasingly prevalent and requires robust legal documentation.
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1. Parties: Identification of the seller and buyer, including full legal names, ABNs, and contact details
2. Background: Context of the distance selling arrangement and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including technical terms related to electronic transactions
4. Contract Formation: Process of order placement, acceptance, and confirmation through electronic means
5. Consumer Rights: Mandatory consumer protections including cooling-off period and right of withdrawal
6. Price and Payment: Pricing, payment methods, timing, and security measures for electronic payments
7. Delivery and Performance: Delivery terms, timeframes, shipping costs, and tracking provisions
8. Returns and Refunds: Process for returns, refund policies, and warranty claims
9. Privacy and Data Protection: Handling of personal information and compliance with Privacy Act requirements
10. Electronic Communications: Consent to electronic communications and record-keeping requirements
11. Termination: Circumstances and process for contract termination by either party
12. Dispute Resolution: Process for handling disputes and complaints
13. General Provisions: Standard boilerplate clauses including governing law and entire agreement
1. Product Specifications: Detailed product descriptions and specifications - include when selling specific products rather than services
2. Service Level Agreement: Performance standards and metrics - include when providing ongoing services
3. Intellectual Property: IP rights and licenses - include when digital products or content is involved
4. Security Measures: Additional security protocols - include for high-value transactions or sensitive data
5. International Shipping: International delivery terms - include for cross-border transactions
6. Subscription Terms: Recurring payment and subscription details - include for subscription-based services
7. Age Restrictions: Age verification requirements - include when selling age-restricted products
1. Schedule 1 - Pricing Schedule: Detailed pricing information, including any volume discounts or special rates
2. Schedule 2 - Product/Service Description: Detailed description of products or services being sold
3. Schedule 3 - Delivery Terms: Specific delivery timeframes and costs for different regions
4. Schedule 4 - Returns Policy: Detailed returns and refunds procedures
5. Schedule 5 - Technical Requirements: Technical specifications for accessing and using electronic ordering systems
6. Appendix A - Cooling-off Notice: Mandatory cooling-off period notice as required by Australian Consumer Law
7. Appendix B - Privacy Policy: Detailed privacy policy and data handling procedures
Relevant legal definitions
Agreement
Acceptance
Australian Consumer Law
Business Day
Cooling-off Period
Consumer
Customer
Delivery
Digital Content
Distance Communication
Distance Contract
Electronic Communication
Goods
GST
Intellectual Property Rights
Order
Order Confirmation
Payment Method
Personal Information
Price
Privacy Policy
Products
Returns Policy
Services
Shipping Cost
Site
Specifications
Supplier
Terms and Conditions
Transaction
User Account
Working Hours
Writing
Acceptance
Australian Consumer Law
Business Day
Cooling-off Period
Consumer
Customer
Delivery
Digital Content
Distance Communication
Distance Contract
Electronic Communication
Goods
GST
Intellectual Property Rights
Order
Order Confirmation
Payment Method
Personal Information
Price
Privacy Policy
Products
Returns Policy
Services
Shipping Cost
Site
Specifications
Supplier
Terms and Conditions
Transaction
User Account
Working Hours
Writing
Clauses
Acceptance of Terms
Consumer Rights
Contract Formation
Cooling-off Rights
Data Protection
Delivery
Dispute Resolution
Electronic Communications
Entire Agreement
Force Majeure
Governing Law
Information Security
Order Process
Payment Terms
Performance
Personal Information
Price and Fees
Product Description
Refunds and Returns
Risk and Title
Shipping
Terms of Use
Territory
Termination
Variation
Warranties
Consumer Rights
Contract Formation
Cooling-off Rights
Data Protection
Delivery
Dispute Resolution
Electronic Communications
Entire Agreement
Force Majeure
Governing Law
Information Security
Order Process
Payment Terms
Performance
Personal Information
Price and Fees
Product Description
Refunds and Returns
Risk and Title
Shipping
Terms of Use
Territory
Termination
Variation
Warranties
Relevant Industries
Retail
E-commerce
Digital Services
Software and Technology
Consumer Goods
Professional Services
Online Education
Subscription Services
Manufacturing (Direct-to-Consumer)
Telecommunications
Relevant Teams
Legal
Compliance
E-commerce
Sales
Customer Service
Operations
Risk Management
Digital
Commercial
Information Technology
Privacy
Relevant Roles
Legal Counsel
E-commerce Manager
Compliance Officer
Commercial Director
Digital Sales Manager
Customer Service Manager
Operations Manager
Privacy Officer
Contract Administrator
Business Development Manager
Online Retail Manager
Risk Manager
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