With the recent upheavals and disruptions to business caused by Coronavirus, we have seen an increasing number of our clients moving to the online sale of goods and services.

 

Whether you’re selling goods or services via your website or just marketing your products online, it’s essential that you have a robust set of T&Cs outlining the rights and obligations of the parties.

 

If you sell via your website your customers will need to accept your terms and conditions every time they place an order. Your terms and conditions should include details of your business (e.g. company name, company number and registered address), payment details, delivery, returns, cancellation/termination, any limits on liability and what happens in the case of delays or non-performance due to events outside of the parties’ control. If you sell to customers outside England and Wales you should also include  provision that English and Welsh law applies and that any disputes have to be referred to the English and Welsh courts.

 

If you sell to consumers your T&Cs are even more important as you will be subject to more stringent laws and you must comply with consumer legislation including the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015. This legislation sets out the quality and standard of goods and/or services, cancellation rights, returns and refunds. You cannot exclude these rights. You should note that the definition of “consumer” includes sole traders and certain types of partnerships so don’t assume that someone buying goods or services for their business falls outside of the rules.

 

Don’t forget that aside from T&Cs relating to online sales you will also need a privacy notice and cookies notice.

 

If you need help with your e-commerce terms and conditions get in touch with us on info@2020businesslaw.co.uk or 01980 676875.