Website Terms and Conditions of Sale

What are website terms and conditions of sale?

Online terms and conditions of sale will set out the basis on which a user purchases goods, services and/or digital content from a website in the United Kingdom. Terms and conditions of sale will form a contractual agreement between a consumer* and an online retailer.

A consumer is an individual who purchases goods or services from a business for personal use. Consumers have certain rights and protections.

What are the differences between terms and conditions of sale and terms and conditions of use?

Terms and conditions of sale will constitute a contractual agreement. These terms and conditions will apply when a consumer purchases goods or services from an online retailer.

Terms and conditions of use will address how a website may used. These terms and conditions will cover factors such as security, safety and intellectual property.

What are the differences between store-based terms and conditions of sale and website terms and conditions of sale?

There are many crossovers between consumer rights in relation to in-store purchases and in relation online purchases. There are however some differences. In particular, cancellation rights exist for online sales. Therefore, separate terms and conditions will be used for in-store purposes.

Is it mandatory to have terms and conditions of sale?

Yes, there is certain information which should always be communicated to consumers. The best approach is to include this information in the terms and conditions of sale.

What has to be done after the terms and conditions of sale have been finalised?

The terms and conditions of sale should be placed on the website, in an accessible location. Each consumer should be made aware of the terms and conditions once they make a purchase. The simplest way to deal with this is to ask the consumer to indicate their acceptance of the terms and conditions by clicking a box.

What other documents should be used with terms and conditions of sale?

Terms and conditions of sale should be used in conjunction with:

• a privacy policy
• website terms and conditions of use
• an acceptable use policy
• a cookie policy
• a complaints policy
• a shipping/delivery policy

What should terms and conditions of sale contain?

Terms and conditions of sale will include the following information:

• A summary of a consumer's key rights - statutory rights about the required standards for goods and services, cancellation rights and information requirements
• How an order must be made - the process for making an order and how a legally binding contract will commence
• How an order may be cancelled - how the consumer can exercise their cancellation rights
• An end-user licence agreement - a clause confirming that a consumer will not own the rights to any digital content (applicable to the sale of digital content)
• Delivery and performance terms - the liability and responsibilities of the parties in respect of the delivery of goods and the performance of services
• Payment terms – how and when a payment must be made
• Liability - the limitations on the legal liability of the seller
• Disputes - how any disputes may be resolved, including any formal processes available to the parties

What laws apply to terms and conditions of sale?

The following legal provisions will be relevant to terms and conditions of use:

• The Consumer Rights Act 2015
• The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015
• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
• The Consumer Protection from Unfair Trading Regulations 2008
• The Equality Act 2010
• The Contracts (Rights of Third Parties) Act 1999
• The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015
• The Data Protection Act 2018

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