Are my e-commerce terms and conditions legally binding?

In California, whether or not your e-commerce terms and conditions are legally binding depends on a few factors. The first factor is if your terms and conditions have been properly presented to the customer. Typically, terms and conditions should be accessible on your website or app so they can be read and accepted by the customer. The customer should explicitly agree to your terms and conditions in order to make them binding. The second factor is if the terms and conditions are enforceable. In California, certain kinds of agreements are deemed unenforceable. This includes agreements that are unconscionable, illegal, or lacking in certain details. It is important to ensure that your terms and conditions are clear and in accordance with the law. The third factor is if the customer actually read and understood the terms and conditions. If a customer agrees to terms and conditions without fully understanding what they are agreeing to, then the terms and conditions may not be legally binding. Overall, in California, your e-commerce terms and conditions could be legally binding depending on the factors discussed above. However, it is important to make sure your terms and conditions are properly presented, enforceable, and understood by the customer in order to ensure their legality.

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