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Terms of Sale (consumers)

Online Catalogue | Ecommerce T&Cs | Terms and Conditions of Sale | Terms of Sale (consumers)

Terms of Sale (consumers)

Price: £30.00 (Including VAT at 20%)

This terms of sale template is designed for the online sale and supply of products (not services) to consumers (not businesses). You can get a good idea of the style and content of this terms of sale template by reviewing the sample version, available here:

Sample Terms of Sale

The terms of sale have been designed to aid compliance with both The Electronic Commerce (EC Directive) Regulations 2002 (the Ecommerce Regulations) and The Consumer Protection (Distance Selling) Regulations 2000 (the Distance Selling Regulations). In addition, the template has been drafted to take account of the various pieces of legislation that affect all sales of goods to consumers, whether online or offline.

The Distance Selling Regulations include a general right for consumers to cancel a contract for the sale of goods entered into at a distance. The Ecommerce Regulations and the Distance Selling Regulations require that certain information be disclosed to consumers and that certain procedural requirements be met by websites selling goods to consumers. However, perhaps the greatest impact of consumer protection legislation is on the extent to which a seller can limit the warranties given and liabilities accepted under the contract.

This template is included as part of our online shop (consumers) pack.

The terms of sale template includes the following provisions:

(1) Introduction
(2) Interpretation
(3) Order process
(4) The products
(5) Price and payment
(6) Your warranties
(7) Delivery policy
(8) Risk and ownership
(9) "Cooling off" period
(10) Statutory rights
(11) Refunds
(12) Warranties
(13) Limitations and exclusions of liability
(14) General terms
(15) About us

This terms of sale document is 7 pages long (including the cover sheet) and is provided in Word (.doc) format.

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Terms of Sale Q&A

I'm setting up an ecommerce store selling goods to consumers. Do I need to buy terms of use as well as terms of sale?

This terms of sale document regulates the legal relationship between a seller and a buyer. However, there will also be a legal relationship between a web store operator and a casual visitor to the website. Whilst all buyers will be visitors, not all visitors will be buyers, and it therefore makes sense to keep the terms and conditions relating to the use of the website distinct from the terms and conditions relating to the sale of products. That is how our documents are structured. So, yes - you do need terms of use as well.

Should these terms of sale be used in respect of sales within the EU but outside the UK?

The law governing ecommerce in the UK is in significant part derived from EU law. The EU has partially harmonised ecommerce law across the member states. It follows that using English law legal documentation should ensure a measure of compliance with the law in other EU jurisdictions. However, not all of the relevant laws have been harmonised, and in many cases harmonisation is inconsistent. It follows that using documentation that complies with English law will not guarantee compliance with the laws of other member states.

Where you are selling to consumers, there are many areas where a state will apply its own laws, irrespective of the governing law clause in your T&Cs. Unfortunately (for non-lawyers) the only way to ensure that your T&Cs comply with the law in a particular jurisdiction is to take advice from a competent lawyer qualified in the relevant jurisdiction.

Can I use this template for selling electronic products?

No. This is designed for use in relation to physical goods. Electronic goods involve the provision of a service and usually a licence, and are therefore quite different from a legal perspective. See our download agreements for templates covering electronic products.

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Online Catalogue | Ecommerce T&Cs | Terms and Conditions of Sale | Terms of Sale (consumers)

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Terms of Sale (consumers)