Online contract formation (Hong Kong law)
Checklist
This checklist is based on the law of Hong Kong. It was last
updated March 2005. A
UK
version is also
available.
The following checklist is intended as an aide memoire to the
main issues which need to be considered when setting up a
commercial website. If you are an online merchant, it is important
to ensure that your terms and conditions are suitable and are
incorporated into your dealings with your customers.
- Do you have standard terms and conditions?
- Are your terms clear and do they deal with the
following...?
- Acceptance of offers
- Time and method of delivery of products and/or services
- Payment terms and method
- Limitation of liability (see our guide on Using Exemption
Clauses)
- Right of withdrawal (consumer contracts only)
- Deemed time of receipt of email
- Choice of law and jurisdiction (see our guide on
Jurisdiction)
- Any other matters critical to your business?
- Have you highlighted all key terms and drawn them to the
attention of your prospective customer?
- Have you brought your terms to the attention of your customer
and required your customer to go through them before accepting or
rejecting your terms?
- Have you made it clear that by accepting your terms and
conditions that a legally binding contract may be entered into if
you decide to accept any order placed?
- If you are likely to be dealing with consumers in the
EU
, do your terms comply with the
EU
Directive on the Protection of Consumers in respect of Distance
Contracts? (See our article, The Distance Selling Regulations – A
Practical Overview.)
- Have you given your customer an opportunity to decline your
terms?
- Have you made it clear that your web site is an invitation to
treat, and that any order placed is an offer from the customer
which may or may not be accepted by you?
- Have you structured your site so that, if your customer
declines to accept your terms, he or she will not be able to access
online content or place an order?
- Is your business regulated by any professional or supervisory
body? If so, have you checked that you comply with all its
rules?
