Skip to content

Key Legal Documents for an Online Bakery

Table of Contents

With the increase in online shopping and consumer preferences for convenience, you can open an online bakery. Before you begin baking and investing in commercial ovens, remember to consider your legal obligations. You must understand consumer rights, privacy laws, and general governance documents. This article will outline the key legal documents for your online bakery. 

Food Licensing Requirements 

When running an online bakery, you should operate your business under NZ food and safety standards. To become a licensed food business, you must do the following:

  • identify which food plan or programme you need;
  • create your food operation location;
  • have your business verified; and
  • register your business.

Your plan will depend on how much risk is associated with your bakery business. You can complete the online questionnaire on the Minister for Primary Industries (MPI) website to understand which plan or programme you need.

Often, a high-risk business, such as a bakery, will need written procedures in a food control plan on how your business prepares and handles its food. A food control plan can also outline:

  • the type of food you are producing;
  • where you are making your food;
  • how you prepare and source your food;
  • risks involved;
  • how to mitigate risks;
  • who is responsible for the process; and
  • your plan in case something goes wrong.

You can also utilise a food control template from the MPI. Ensure you tailor the template to your business needs. After finalising your food control plan, you can verify and register your business through your local council or MPI.

Website Terms and Conditions

You can draft a website’s terms and conditions to regulate how your website operates. Following this, you can display this legal document on your website through a clickwrap agreement. Customers must accept your terms and conditions before continuing to your bakery’s website. 

Your terms and conditions can include:

  • acceptance of terms;
  • payment;
  • delivery;
  • refunds and replacements;
  • guarantees;
  • limitation of your liability;
  • intellectual property ownership; and
  • dispute resolution.
Continue reading this article below the form
Need legal advice?
Call 0800 005 570 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.

Privacy Policy

Your online bakery will likely collect and use personal information, including names, residential addresses and contact numbers. You should display your privacy policy on your website to ensure consumers understand how you will protect, manage and use their data. You can place the document in your website footer through a browsewrap agreement. 

Your privacy policy can detail:

  • types of personal information you collect;
  • why and how you collect the information;
  • how you will store and protect the information;
  • how customers can contact you regarding their data;
  • who you share information with;
  • whether customers can opt out of providing their personal information; and
  • your process in case of a privacy breach.

Website Terms of Use 

Your terms of use regulate how visitors utilise your website. It helps to limit your liability regarding consumer behaviour and ensures your site is used appropriately. It is best to display this document on your website to ensure consumers know their obligations. This document can outline:

  • acceptable behaviour;
  • prohibited conduct;
  • limitation of your liability;
  • disclaimers and warranties; and
  • intellectual property.

For example, if you allow client testimonials and reviews to be posted on your website, you can clarify what is appropriate to post and what is not. 

Terms of Sale

To govern the sales of your online bakery, it is best to draft a term of sales document. This document can include the following:

  • payment methods;
  • subscription options;
  • your returns, refund and exchange policy;
  • delivery prices based on locations and extra costs;
  • whether you offer an in-person collection; and
  • types of products you provide.

Ensure that your terms of sale document complies with consumer laws. For example, if your products are faulty or wrong, you may need to provide a remedy under consumer guarantees. This may include a refund, return or exchange, depending on the situation. 

Additionally, you have fair trading duties to comply with, meaning your products must be safe, and all product descriptions must be accurate and honest. Further, you cannot make unsubstantiated claims about your baked goods. For example, you can only state that your bread is made from organic flour if you have evidence. 

Front page of publication
Guide to Starting an Online Business in New Zealand

This guide will help you learn how to launch your new online business.

Download Now

Key Takeaways 

Opening an online bakery is a rewarding endeavour. There are key legal documents to draft, with some to be displayed on your website. This includes a food control plan, website terms and conditions, privacy policy, website terms of use and terms of sale document. Such documents help to limit your liability and regulate the use of your website. Additionally, it helps to comply with your legal obligations, such as privacy and consumer laws. 

If you need help drafting legal documents for your online bakery, contact our experienced e-commerce lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0800 005 570 or visit our membership page.

Register for our free webinars

Understanding Your Business’ New Employment Law Obligations

Online
Understand the upcoming law changes and their implications for your business. Register for our free webinar today.
Register Now
See more webinars >

We’re an award-winning law firm

  • Award

    2022 Law Firm of the Year - Australasian Law Awards

  • Award

    2021 Law Firm of the Year - Australasian Law Awards

  • Award

    2021 Fastest Growing Law Firm in APAC - Financial Times

  • Award

    2020 Excellence in Technology & Innovation Finalist - Australasian Law Awards

  • Award

    2020 Employer of Choice Winner - Australasian Lawyer