E-Commerce Terms and Conditions (India)
TERMS AND CONDITIONS OF USE AND SALE
Platform: [Platform Name] ([Platform URL])
Operated by: [Company Name]
Registered Address: [Company Address]
GST Number: [GST Number]
Effective Date: [Effective Date]
Grievance Officer: [Grievance Officer]
These Terms and Conditions ("Terms") govern your use of [Platform Name] (the "Platform") operated by [Company Name] ("Company", "we", "us", or "our"). By accessing or purchasing from the Platform, you agree to these Terms. These Terms are governed by the Consumer Protection Act 2019, the Consumer Protection (E-Commerce) Rules 2020, the Information Technology Act 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the Digital Personal Data Protection Act 2023 (DPDPA 2023), and the Contract Act 1872.
1. PLATFORM NATURE AND E-COMMERCE MODEL
1.1 Platform Model: [Platform Model]. The Company operates as an e-commerce entity under the Consumer Protection (E-Commerce) Rules 2020. All mandatory disclosures required under Rules 5 and 6 of the E-Commerce Rules are provided in these Terms and on the Platform.
1.2 The Platform is available only to persons competent to contract under the Indian Contract Act 1872 — i.e., persons above 18 years of age with the capacity to contract. By using the Platform, you represent that you meet this requirement.
1.3 Country of Origin: The country of origin of each product is displayed on the product listing page as required by the E-Commerce Rules 2020 and the Consumer Protection Act 2019. Pre-packaged products also display the country of origin on the product packaging or label as required by the Legal Metrology Act 2009.
2. ORDERS, PRICING, AND PAYMENTS
2.1 Prices are displayed as inclusive of all applicable taxes (GST). The total price payable, including all charges, is displayed at checkout before order confirmation, as required by the E-Commerce Rules 2020. No hidden charges are applied after checkout.
2.2 The Company's GST Registration Number is [GST Number]. GST invoices are provided for all purchases. For marketplace orders, the seller's GST information is displayed on the tax invoice issued by the seller.
2.3 Payment Methods: The Platform accepts payment by credit card, debit card, UPI (BHIM UPI, Google Pay, PhonePe, Paytm), net banking, and cash on delivery (where available). All payment processing complies with RBI payment security guidelines and PCI-DSS standards.
2.4 E-Commerce TCS: Pursuant to Section 52 of the Central Goods and Services Tax Act 2017, the Company is registered as a Tax Collector at Source (TCS) and collects TCS on net taxable supplies made through the Platform where applicable.
3. CANCELLATIONS, RETURNS, AND REFUNDS
3.1 Order Cancellation: [Cancellation Policy]. Cancellation requests must be submitted through the 'My Orders' section of the Platform. The Company shall not impose unreasonable cancellation charges as prohibited by the E-Commerce Rules 2020.
3.2 Return Policy: Products may be returned within [Return Period] from the date of delivery, subject to the product being in its original condition, unused, with original tags and packaging intact. Certain product categories (perishables, digital downloads, personalised items, intimate apparel, and items marked 'non-returnable') are not eligible for return. The product listing page for each item clearly indicates whether it is returnable.
3.3 Refunds: Refunds are processed within [Refund Timeline] of the return being received and inspected. Refunds are credited to the original payment method (credit/debit card, UPI, bank account as applicable). Where the original payment method is not available, refunds may be credited to a Platform wallet or store credit with the customer's consent.
3.4 Defective or Wrong Products: If you receive a defective product or an incorrect item, please contact customer support within 48 hours of delivery with photographic evidence. The Company will arrange a replacement or full refund without requiring return of the item in applicable cases.
4. GRIEVANCE REDRESSAL
4.1 Grievance Officer: Pursuant to Rule 7 of the Consumer Protection (E-Commerce) Rules 2020 and Rule 3(2) of the IT (Intermediary Guidelines) Rules 2021, the Company has appointed a Grievance Officer: [Grievance Officer]. The Grievance Officer will acknowledge your complaint within 48 hours and resolve it within one month of receipt.
4.2 Consumer Forum: If your grievance is not resolved to your satisfaction, you may approach the National Consumer Disputes Redressal Commission (NCDRC) through the e-Daakhil portal at www.edaakhil.nic.in, or the appropriate State Consumer Disputes Redressal Commission or District Consumer Forum based on the value of the claim. Under the Consumer Protection Act 2019, District Forums hear claims up to ₹1 crore, State Commissions hear claims between ₹1 crore and ₹10 crore, and NCDRC hears claims above ₹10 crore.
5. DATA PROTECTION AND PRIVACY
5.1 The Company processes personal data in accordance with the Digital Personal Data Protection Act 2023 (DPDPA 2023) and the IT (Reasonable Security Practices and Procedures and SPDI) Rules 2011. By using the Platform, you consent to the Company processing your personal data for the purposes of order fulfilment, customer service, and fraud prevention.
5.2 The Company's Privacy Policy (available at [Platform URL]/privacy-policy) provides full details of what personal data we collect, how it is used, how long it is retained, and your rights as a Data Principal under the DPDPA 2023 (including the right to access, correct, and erase your data).
6. GOVERNING LAW AND DISPUTE RESOLUTION
6.1 These Terms are governed by the laws of India and the laws of the State of [Governing State]. Any dispute arising out of or in connection with these Terms, which cannot be resolved through the Grievance Officer process, shall be subject to the exclusive jurisdiction of the courts at [Governing State].
6.2 These Terms were last updated on [Effective Date]. The Company reserves the right to update these Terms at any time. Customers will be notified of material changes. Continued use of the Platform after notification constitutes acceptance of the revised Terms.
Authorised Signatory
________________
Signature
What Is a E-Commerce Terms and Conditions (India)?
An E-Commerce Terms and Conditions in India records the bargain between the parties, fixing their respective rights, duties and remedies.
The e-commerce regulatory environment in India has been transformed by the Consumer Protection (E-Commerce) Rules 2020, which impose mandatory disclosure, grievance redressal, and fair trade practice obligations on all e-commerce entities. The Rules apply to both marketplace platforms (Amazon India, Flipkart, Meesho, Myntra) and inventory-based e-commerce businesses (direct-to-consumer brands with their own online stores). The Central Consumer Protection Authority (CCPA), established under the Consumer Protection Act 2019, has been actively issuing guidelines on dark patterns, misleading advertisements, and unfair trade practices in e-commerce — making compliance with the E-Commerce Rules a regulatory enforcement priority.
For e-commerce businesses processing payments, the RBI's guidelines on payment aggregators and payment gateways (2020, as updated) impose data localisation requirements and security standards for payment processing. The GST framework (CGST Act 2017, Section 52) requires marketplace platforms to collect Tax at Source (TCS) on seller supplies, and mandates GST registration for all e-commerce sellers regardless of turnover.
E-Commerce Terms and Conditions typically cover: platform access and account registration; product listing and purchase process; pricing, GST, and payment terms; delivery obligations and risk of loss; return, refund, and cancellation policy; grievance redressal mechanism; intellectual property in the platform's content; data protection and privacy practices; limitation of liability; and the governing law and dispute resolution mechanism.
The legal framework governing the E-Commerce Terms and Conditions (India) in India draws on several key statutes and regulatory bodies. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Parties executing a E-Commerce Terms and Conditions (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Indian Contract Act, 1872 sets the foundational requirements.
When Do You Need a E-Commerce Terms and Conditions (India)?
E-Commerce Terms and Conditions are required for every business that sells goods or services through an online platform — whether a full-scale marketplace like Flipkart or a small direct-to-consumer brand with its own Shopify store.
The Consumer Protection (E-Commerce) Rules 2020 make several elements of T&Cs mandatory — including disclosure of the grievance officer, return and refund policy, and total price inclusive of all charges. An e-commerce business without compliant T&Cs is in violation of the E-Commerce Rules, which are enforced by the CCPA with powers to recall products, issue warnings, and impose fines.
Any business that has experienced customer disputes about returns, refunds, delivery failures, or product quality needs clear T&Cs that specify the parties' rights and obligations, reducing the likelihood of disputes escalating to Consumer Forum complaints.
Businesses expanding from offline to online sales need E-Commerce T&Cs as a prerequisite — most e-commerce platforms (Flipkart, Amazon, Myntra) require sellers to have compliant T&Cs before allowing them to list products.
Foreign companies selling to Indian consumers through Indian e-commerce channels need T&Cs that comply with both Indian and any applicable foreign consumer protection law.
Businesses processing customer personal data through their e-commerce platform need T&Cs that incorporate a privacy notice compliant with the DPDPA 2023 — covering what data is collected, for what purpose, who it is shared with, and how customers can exercise their rights.
Parties in India should prepare a E-Commerce Terms and Conditions (India) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your E-Commerce Terms and Conditions (India)
Thorough E-Commerce Terms and Conditions for an Indian business should contain the following essential elements.
Parties and Platform Description: Identification of the e-commerce entity (legal name, registered address, CIN, GSTIN), nature of the platform (marketplace or inventory-based), and applicability of the Terms.
Account Registration: Requirements for account creation, accuracy of registration information, password security, and the company's right to suspend or terminate accounts for violations.
Product Listings and Accuracy: Obligations regarding product description accuracy (addressing Consumer Protection Act 2019 prohibition on misleading advertisements), price display (inclusive of all taxes and charges, as required by E-Commerce Rules 2020), and country of origin disclosure.
Ordering and Payment: Order acceptance process, payment methods, GST invoicing obligations (GSTIN, HSN/SAC codes), and TCS disclosure for marketplace platforms.
Delivery and Risk of Loss: Delivery timelines, logistics partner details, risk of loss (when does risk pass from seller to buyer), and liability for damaged or lost goods in transit.
Return, Refund, and Cancellation Policy: Clear return eligibility criteria, return window, refund timeline and method (aligned with E-Commerce Rules 2020), and cancellation rights (before despatch).
Grievance Redressal: Grievance Officer name, contact details, acknowledgement timeline (48 hours), and resolution timeline (one month), as required by E-Commerce Rules 2020.
Intellectual Property: Ownership of platform content, trademarks, and restrictions on use of the platform's IP by users.
Data Protection: Privacy notice summarising DPDPA 2023 obligations — data collected, purposes, third-party sharing, and user rights.
Dispute Resolution: Governing law (Indian law), jurisdiction (for consumer disputes: Consumer Disputes Redressal Commission; for B2B disputes: arbitration under the Arbitration and Conciliation Act 1996).
Additional compliance elements for a E-Commerce Terms and Conditions (India) used in India include: Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Forms-legal.com provides this template as a starting point for India-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). E-Commerce Terms and Conditions (India) (India) [Legal document template]. Forms Legal. https://forms-legal.com/india/business/policies/ecommerce-terms-and-conditions-india
"E-Commerce Terms and Conditions (India) (India)." Forms Legal, 2026, https://forms-legal.com/india/business/policies/ecommerce-terms-and-conditions-india.
@misc{formslegal-ecommerce-terms-and-conditions-india,
author = {{Forms Legal}},
title = {E-Commerce Terms and Conditions (India) (India)},
year = {2026},
howpublished = {\url{https://forms-legal.com/india/business/policies/ecommerce-terms-and-conditions-india}},
note = {Free legal document template. Based on Indian Contract Act, 1872}
}
Frequently Asked Questions
The Consumer Protection (E-Commerce) Rules 2020 (E-Commerce Rules), notified by the Ministry of Consumer Affairs, Food and Public Distribution under Section 101(1)(zg) of the Consumer Protection Act 2019, are the primary regulatory framework governing e-commerce businesses operating in India. The Rules were notified on 23 July 2020 and amended in 2021. The E-Commerce Rules apply to all e-commerce entities — defined as any person who owns, operates, or manages a digital or electronic facility or platform for electronic commerce. This includes marketplace e-commerce entities (platforms that connect buyers and sellers, such as Flipkart, Amazon India, and Meesho) and inventory-based e-commerce entities (entities that own and sell their own inventory through an online platform, such as direct-to-consumer brands). The Rules impose the following key obligations on e-commerce entities. Mandatory Disclosures: Every e-commerce entity must display on its platform: (a) its legal name, address, and contact details; (b) details of its grievance officer; (c) information about the goods and services offered; (d) the country of origin of goods; (e) any pre-paid payment instrument fees; (f) total price in single figure inclusive of all charges; (g) all applicable refund, return, exchange, warranty and guarantee policies; (h) modes of payment; (i) security of payments; (j) charge-back options; and (k) all contractual terms and conditions governing the transaction. Grievance Redressal: Every e-commerce entity must appoint a Grievance Officer for consumer grievances.
Indian e-commerce websites are subject to extensive mandatory disclosure requirements under multiple statutes and rules — the Consumer Protection (E-Commerce) Rules 2020, the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the Consumer Protection Act 2019, and the Legal Metrology (Packaged Commodities) Rules 2011. Under the Consumer Protection (E-Commerce) Rules 2020, e-commerce entities must display the following information on their platforms. Entity Identification: Legal name and address of the registered office (including country of establishment for foreign e-commerce entities), contact information (phone number, email address), and applicable registration numbers (Corporate Identification Number for companies under the Companies Act 2013; GSTIN under the CGST Act 2017). Grievance Officer Details: Name, contact number, and email address of the Grievance Officer designated under Rule 4 of the E-Commerce Rules 2020, prominently displayed on the platform's website and mobile app. Product Information: A complete and accurate description of the goods or services; the country of origin of goods (mandatory for all products, particularly relevant for imported goods); the price (inclusive of all taxes and charges); the delivery timeframe and logistics details; and the applicable return, refund, exchange, warranty, and guarantee policies. Payment Information: All modes of payment accepted; security certifications for payment processing; and the availability of charge-back options and the procedure for exercising them.
The return, refund, and cancellation obligations of Indian e-commerce businesses are governed by the Consumer Protection Act 2019, the Consumer Protection (E-Commerce) Rules 2020, and general contract law under the Indian Contract Act 1872. The Consumer Protection Act 2019 significantly strengthened consumer rights compared to the previous Consumer Protection Act 1986. Return Policy Obligations:
The Consumer Protection (E-Commerce) Rules 2020 require e-commerce entities to prominently display their return policy on the platform. The Rules do not prescribe a mandatory minimum return period — this is left to the seller — but they require that the policy be clear, accessible, and not contain unfair terms. The Consumer Protection Act 2019 prohibits 'unfair trade practices' (Section 2(47)), which includes practices that make it unreasonably difficult for consumers to return goods. Excessively short return windows, onerous conditions for returns, or arbitrary refusals to accept returns may constitute unfair trade practices — actionable before the Consumer Disputes Redressal Commissions (District, State, and National levels) established under the Consumer Protection Act 2019. Refund Policy Obligations:
The E-Commerce Rules 2020 require sellers to process refunds within a reasonable time after a return is received and verified. The 2021 amendment proposed a specific timeline (within 14 days of return), but actual timelines in practice are governed by the platform's T&Cs and market practice.
E-commerce and the GST framework intersect in a complex and evolving set of obligations that apply both to marketplace platforms (e-commerce operators) and to sellers operating through those platforms. E-Commerce Operator (Marketplace) Obligations:
Section 52 of the Central Goods and Services Tax Act 2017 (CGST Act) requires every e-commerce operator to collect Tax Collected at Source (TCS) at 1% (0.5% CGST + 0.5% SGST) on the net value of taxable supplies made through the operator by sellers whose registration threshold has been exceeded. The e-commerce operator must deduct TCS, deposit it with the government within the prescribed timeline, and file a TCS return (GSTR-8) every month. This TCS is then credited to the seller's electronic cash ledger. Mandatory Registration for Sellers:
Section 24(ix) of the CGST Act requires persons supplying goods or services through an e-commerce operator to register for GST — regardless of their aggregate turnover. This is a significant departure from the general GST registration threshold (₹20 lakh for services, ₹40 lakh for goods in most states). A small seller on Flipkart or Amazon India, even with annual turnover of ₹5 lakh, must be GST-registered to sell through the platform. Invoice Issuance:
E-commerce sellers must issue compliant GST tax invoices for each transaction, specifying their GSTIN, HSN/SAC codes for the goods/services, the applicable GST rate, and the tax amount.
The Digital Personal Data Protection Act 2023 (DPDPA 2023) has significant implications for Indian e-commerce businesses, which are among the most data-intensive businesses in the Indian economy — collecting, processing, and sharing vast quantities of customer personal data including contact information, purchase history, payment details, browsing behaviour, location data, and device identifiers. Under the DPDPA 2023, e-commerce businesses are 'data fiduciaries' — they determine the purpose and means of processing personal data of their customers (who are 'data principals'). The key DPDPA obligations for e-commerce businesses are as follows. Consent Requirements: Personal data must be processed for specified, clear, and lawful purposes. Consent must be free, specific, informed, and unambiguous — and obtained through a clear affirmative action (opt-in), not pre-ticked boxes or bundled consents. Customers must be able to easily withdraw consent — and withdrawal of consent must not affect the lawfulness of prior processing. Notice Obligations: Before processing personal data, the data fiduciary must provide notice specifying: the personal data to be collected, the purpose, the parties with whom data will be shared, and the customer's right to withdraw consent and to make complaints to the Data Protection Board. Data Minimisation and Purpose Limitation: Only personal data that is necessary for the specified purpose may be collected.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Do Not Call Compliance Policy (India)
A Do Not Call (DNC) Compliance Policy for Indian businesses under the TRAI Telecom Commercial Communications Customer Preference Regulations 2018 (TCCCPR 2018). Covers NDNC registry scrubbing, consent management, DLT registration, and penalties for unsolicited commercial communications.
Social Media Policy (India)
A comprehensive Social Media Policy for Indian businesses compliant with the Information Technology Act 2000, IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, and Digital Personal Data Protection Act 2023. Governs employee personal and professional social media use.
SaaS Agreement (India)
A SaaS Agreement for India, governed by the IT Act 2000 and Indian Contract Act 1872. Covers software access licence, subscription fees, SLA, data processing obligations under the DPDP Act 2023, IP ownership, acceptable use, and termination. Suitable for cloud software vendors and enterprise customers.