Website terms and conditions template: retail of sourced or made to order products

These are terms of sale for an online retailer of goods that are sourced, created or customised to order for individual customers. You may be buying specialist goods to order (such as high value perishables) that you want to ensure will be taken by the customer; or customising an existing product in such a way as to only have value to the customer (for example, custom engraving jewellery or embroidery); or creating a limited number of products for a specific use (such as made to measure clothing). These T&C comply with the Consumer Contracts (ICAC) Regulations 2013 allowing you to sell to businesses or consumers. The template is suitable for businesses that sell internationally.

Suitable for use in: England & Wales and Scotland
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About this document

This template allows you to create your own customised terms of sale easily.

These T&C are for online retailers that sell products that have been made, adapted or stocked specifically to a customer's order. Not all of your products have to be such - the majority could be standard products that are sold without alteration.

Using this document on your website will help you:

  • set out clearly how your business works and what customers can expect

  • present a professional image of your business. Our use of plain English helps ensure customers do not feel intimidated by overly formal or legalistic language.

  • prevent misunderstandings and make solving disputes easier

  • comply with consumer protection law (such as the Consumer Contracts (ICAC) Regulations 2013) if you sell to consumers without compromising your legal rights if you also sell to businesses

  • protect your website from misuse (we include paragraphs that form an Acceptable Use Policy, useful if your visitors can interact with your website, for example, by posting reviews or exchanging messages in a customer forum)

  • trade safely internationally, whether your customers are in the UK, EU or further afield

Is this document right for your business?

If you are able to identify your business by reading the points below, then this template should be suitable for you. We also list similar alternatives afterwards.

You are

  • a retailer, manufacturer, wholesaler

These T&C are suitable for businesses of all sizes. You may be a newly started sole trader with a single product or an established company selling thousands of different product lines.

Your customers

  • are other businesses or consumers (private individuals) or both

  • are not further distributors or retailers of the product

Your customers could be located in any country. These terms and conditions include provisions for sale abroad as well as within the UK.

Order method

  • the customer buys online, direct from your e-commerce enabled website

You are selling any combination of the following:

  • standard products in a condition ready for sale without further amendment

  • products that are created or customised to unique specifications given by the customer

  • products that require the customer to approve stages of design or production

  • physical goods (rather than downloaded products such as software)

Payment may be made:

  • immediately on the web site (e.g. by credit card)

  • by cheque or bank transfer

  • on a pre-arranged credit account

Delivery could be any of the following:

  • by your business

  • by post or courier

  • direct from a third party (such as the manufacturer)

  • or, the customer may pick up the product from your premises

Delivery could be in a single instalment or in multiple instalments.

Example businesses that would use these terms

  • "Source to order" businesses that find specialist products on demand for customers

  • Manufacturers that sell directly to end customers and make products to their specifications

  • Made to order online tailors, embroiderers and clothes retailers

  • Print shops that take orders that are uploaded via a website (e.g. photograph printers)

  • Greetings card retailers who print cards on demand based on the customer's design

  • Retailers of goods that are sourced, created or altered to the customer's specifications

  • "Bricks and mortar" shops with an online presence

Similar documents

We sell other templates for businesses that sell goods via their website:

If your business sells to businesses only (for example, if you are a wholesaler or manufacturer) then this set of terms does not contain the additional provisions for compliance with consumer selling law.

If you operate a standard e-commerce business, selling to consumers and/or businesses, then these terms for a retailer of any type of goods are suitable. For example, you might sell automotive parts primarily to businesses, but also perhaps to private individuals.

If you sell software and electronic hardware bundled together, these T&C include a licence agreement for the sale of the software as well as standard terms for the sale of the hardware. This template is likely to be suitable for a manufacturer of an electronic product sells directly to end customers, or for a software developer that sells third party products with their software.

If customers design part of the product, these terms should be used. For example, where customers may contribute their own artwork to be printed on products (such as mugs).

We assume that you do not sell to distributors or wholesalers or retailers. If you do, you will need different terms on delivery, risk, retention of title (ownership) and return that are covered in our agency agreements.

If you are in any doubt as to which template you should choose, please contact us.

The law relating to this document

The law in these T&C is largely common law that deals with the basics of contracts: offer, acceptance, price and payment, delivery, returns, dispute resolution, liabilities and risk. Provided you comply with the law, you can set the commercial terms you like.

This template complies with The Sale of Goods Acts (1979 and 1994) and The Consumer Contracts (ICAC) Regulations 2013 allowing you to trade with businesses or consumers.

Where statute law could apply, the T&C have been drawn then applies to specific circumstances, for example, we have included provisions to comply with the Waste Electronic and Electrical Equipment Regulations 2006, but these are only relevant if the type of goods sold is electronic or electrical.

We have contracted out of the Contracts (Rights of Third Parties) Act 1999 so as not to obligate you in contracts made between your customer and any other party. This is usual in a document such as this one.

Contents

The document includes provisions that cover:

  • Identification of the parties
  • Offer and acceptance
  • Approval of samples or design and manufacture stages
  • Price and payment: including taxes, charges and foreign currency payments
  • Payment on credit accounts
  • Security of credit card information
  • Consumer protection: cancellation and exclusions
  • Delivery: method, timing, delayed delivery, delivery in instalments
  • Foreign tax duties
  • Risk and retention of title
  • Liability for defects
  • Return of goods
  • Disclaimers
  • Information provided by the customer: includes an acceptable use policy and an indemnity
  • Changes to information on your website
  • Protection of your intellectual property
  • Security
  • Dispute resolution
  • Waste Electronic and Electrical Equipment Regulations 2006
  • Other miscellaneous legal provisions to protect you (warranties, exclusions, indemnities etc)
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current English law.

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