When Online Contracts Backfire: What Every E-Commerce Business in New York Needs to Know

You’ve got a business to run. Orders to fill. Customers to keep happy. The last thing you want is a contract dispute slowing you down. But in e-commerce, these things happen more often than most people think.

Maybe a supplier promised you 1,000 units and delivered half. Maybe a customer says your refund policy wasn’t clear (even though it’s in your terms). Or maybe a freelancer disappeared mid-project. It doesn’t matter how it happened. What matters is what you do next.

Our commercial litigation attorneys at Horn Wright, LLP, help New York e-commerce businesses clean up digital messes, fix broken agreements, and avoid legal headaches down the road. 

We don’t just understand contracts. We understand what it feels like when things fall apart. And we’re ready to step in when you need backup.

When Online Deals Go Sideways: What to Do When Someone Breaks the Contract

Things were moving smoothly, until they weren’t. A late shipment. A chargeback you didn’t see coming. A service provider who didn’t follow through. Whatever the case, you’re left scrambling to clean it up.

So, where do you even start?

• Material breach: This is the big one. Someone drops the ball in a way that completely breaks the deal. Think: you paid for a service and got nothing. In New York, that’s grounds to cancel the contract and go after damages. 
• Minor breach: Not ideal, but not a deal-killer. Maybe they missed a delivery window or didn’t follow one small detail. You’re still protected. You just might not be walking away from the entire agreement.

Here’s what helps you take control:

• Dig up the original agreement: What exactly was promised? Were there deadlines? Refund policies? Dispute clauses? All of that matters.
• Save the receipts, literally: Emails, texts, screenshots, invoices, contracts - keep it all. Under New York law (CPLR Section 4539), electronic records hold weight in court.
• Loop in a legal team early: You don’t have to wait until things get ugly. A strong demand letter or quick response from our team can stop a small problem from becoming a big one. We know how New York handles business breaches and we’ll help you handle yours.

Think Your Terms and Conditions Have You Covered? They Might Not

You’ve probably spent hours tweaking your terms and conditions. You’ve got refund timelines, cancellation rules, shipping info - it’s all there. But here’s the thing: if your users didn’t clearly agree to them, they might not count.

Yeah, we know. It’s frustrating.

Here’s what courts actually look at in New York:

• Did users see your terms? If your refund policy is buried in the footer, it’s not enough. In Specht v. Netscape, the court tossed out the terms because users weren’t properly notified.
• Did they agree to them? Clickwrap, where someone checks a box or clicks “I agree,” is gold. Browsewrap? That’s just having terms posted somewhere and hoping people see them. Not great. In Fteja v. Facebook, a clear click-to-consent held up in court.
• Are your terms readable? If your policies sound like a law textbook, that’s a problem. Courts appreciate clear, human-friendly language. So do your customers.
• Can you prove consent? Show when, how, and where your user agreed. A timestamp. A login record. A screenshot. It all helps.

Bottom line? Good terms mean nothing if no one actually agreed to them. We'll help you lock that down.

The Sneaky Problems Hidden in Your Digital Contracts

Most e-commerce contracts aren’t broken. They’re just incomplete. A missing clause. A vague deadline. An outdated refund policy. These little things can cost you big.

Here’s how you stay ahead of it:

• Get specific: Don’t say “delivery will be prompt.” Say, “ships within 3 business days via USPS.” Clear terms protect you and your customer.
• Use click-to-agree features: That little checkbox? It matters. Without it, you might not have a binding contract at all.
• Keep copies of your site flow: What did your customer see when they placed that order? If you can’t show it, they might claim they didn’t know your policies. 
• Don’t update terms silently: If you change your policies, tell people. Send an email. Post a banner. Ask them to re-accept. Courts won’t enforce new terms if users never had a chance to agree.
• Choose your legal turf: Without a proper clause, you could wind up dealing with a lawsuit in Texas or Tokyo. Use GOL Section 5-1402 to lock jurisdiction into New York.
• Watch out for third-party overrides: Selling on Shopify or Etsy? Their terms might overrule yours. Shopify’s terms, for example, require arbitration in Ontario. Know what you’re agreeing to.
• Clarify how disputes are resolved: Want arbitration? Mediation? Traditional court? Spell it out. Judges won’t guess for you.

We help businesses review and tighten up all of this, before it turns into a problem.

Protect Your Online Business with Top New York Attorneys at Horn Wright, LLP

You’ve worked hard to build something real. So when a contract gets ignored, bent, or broken, it’s more than frustrating. It’s a threat to your momentum. 

Our commercial litigation lawyers at Horn Wright, LLP, help e-commerce businesses protect what they’ve built and prepare for whatever’s next.

If you’re in a dispute, or trying to prevent one, we’ll step in. As one of the best law firms in America, you’re getting more than just legal help. You’re getting strategy, clarity, and peace of mind. 

We’ll help you get things back on track, so you can focus on growth, not damage control. Call (855) 465-4622 today to schedule your complimentary case evaluation.