Like any other transaction the E-commerce transactions are akin to the sale of good transaction in the real world. Now in order to bind your customers into the general contract you need to mention t & c to him.
But due to lack of awareness many E-Commerce websites are putting the hyperlink of t&c at the bottom of the page prima facie hidden from the customer. What courts are interpreting is that the transaction may not bind the customer(since t&c are at bottom of your webpage) with the general contract, which is a loosing ground for e commerce websites given huge consumer base and risking huge liabilities.
The solution to this issue is simple alert the consumer about your t&c. By putting pop usc, t&c link on final landing page and the most efficient and effective way is taking assent from the consumer by putting I agree/Decline buttons at the final landing page.