Importance of Good Drafting of Terms and Conditions and Privacy Policies

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Indacochea & Asociados

Leonardo Reyes K. – Associate

Over the last few years, the use of mobile applications and web pages for the development of commercial activities has become quite strong. Similarly, due to the Covid-19 pandemic, electronic commerce, also known as E-Commerce, has taken giant steps and has become one of the most important means of commerce in the national and global market.

As a result of these commercial relationships, different obligations and rights arise between companies that offer services and/or market products with their customers. That said, it is necessary to have Terms and Conditions and Privacy Policies to establish the scope of the service, the objective, the limitations and to delimit the company from any type of responsibility for the services provided or the objects marketed.

Regarding the Terms and Conditions, we can define them as an agreement of wills between the company that elaborates them and the client and/or user, through which the rights and obligations that both parties will have, as well as the particularities about the organization, prices and mechanisms of purchase, reception, shipping, return, cancellation and other particularities that are aimed at the adequate provision of the service and/or the sale of a product. This contract could be understood as an adhesion contract, which is drawn up by the company and the client or user simply adheres or not.

Although the Terms and Conditions are prepared based on each service or product that is required to be commercialized, they must contain at least five essential points…

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