MAKE YOUR FREE Terms and Conditions
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What we'll cover
What are Terms and Conditions?
General Terms and Conditions (T&Cs) set out the arrangements, provisions, requirements, rules and specifications that apply to every transaction that a seller makes. Whether goods and services are sold on a standard basis or to specification, standard Terms and Conditions (for the sale of goods or the supply of services) are a core part of most businesses.
These T&Cs are GDPR compliant.
When should I use Terms and Conditions?
Use these Terms and Conditions if you:
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sell goods to consumers (ie private individuals) on your business premises
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sell goods to consumers via a website
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provide services to consumers on your business premises
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provide services to consumers via a website
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sell goods to business customers on your business premises, or
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provide services to business customers on your business premises
Sample Terms and Conditions
The terms in your document will update based on the information you provide
TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on .
Application
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). with email address ; telephone number (the Supplier or us or we).
- These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
Interpretation
- Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
- Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
- Goods means any goods that we supply to you, of the number and description as set out in the Order;
- Order means the Customer's order for the Goods from the Supplier as set out
Goods
- The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
- In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
- The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
- When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the Goods ordered, only upon or if earlier, the Supplier's delivery of the Goods to the Customer.
- Any quotation is valid for a maximum period of days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
- The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- Payment for Goods must be made You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
- We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
Conformity
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.
Privacy
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found .
- For the purposes of these Terms and Conditions:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- 'GDPR' means the UK General Data Protection Regulation.
- 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can email: .
Excluding liability
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows:
About Terms and Conditions
Learn more about making your Terms and Conditions
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How to make Terms and Conditions
Making Terms and Conditions online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
What information you need to make your Terms and Conditions will depend on the document in question. However, the types of questions you may be asked include:
Business details
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Your business’ details (eg legal structure, name, address, website address and contact details).
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Does your business follow any codes of conduct (ie formalised sets of principles)?
Information about the goods you’re selling or services you’re providing
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Does your business supply goods which may not be suitable for return (eg goods sealed for sanitary purposes)?
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If you make quotations, how long are they valid for?
Supply of goods or services
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When must the payment for the goods or services be made?
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Does your business provide any after-sales services?
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Common terms in Terms and Conditions
Terms and Conditions are used to set out standard terms applicable to the sale of goods or the supply of services. While the terms of Terms and Conditions differ, depending on the document in question, examples of common provisions include:
Goods or services
Goods are the items that the business is selling to the customer while services are the activities the business is performing for the customer (eg web-design, consulting, or cleaning). Depending on the T&Cs in question, this section will set out provisions around what goods or services are available.
Basis of sale
This section sets out how and when the contract of sale is formed between the business and the customer. This section explains at what point of the purchasing process an order is confirmed.
Price and payment
This section explains what payment is required and how this can be made.
Cancellation
This section outlines the customer’s cancellation rights, including when and how a purchase can be cancelled and what the consequences of a cancellation are (eg the goods must be returned and the seller must provide a refund). They also explain when cancellation rights do not apply.
Law and jurisdiction
This section explains which country’s laws govern the T&Cs and which legal system must be used to resolve any disputes. This is necessary as the legal systems of England and Wales, Scotland, and Northern Ireland differ.
If you want your Terms and Conditions to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the T&Cs for you, to make sure they comply with all relevant laws and meet your specific needs. Ask a lawyer for assistance.
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Legal tips for making Terms and Conditions
Understand when you need different Terms and Conditions
Which Terms and Conditions document you need depends on who you are contracting with and where you are contracting. If you are dealing with a business-to-consumer relationship, you need T&Cs governing the business-consumer relationship. If you are dealing with another business (ie you are dealing ‘business-to-business’ or ‘B2B’), you need T&Cs governing the business-business relationship. Similarly, you need different T&Cs depending on whether you are trading on your business premises or online.
If you sell to different types of customers and/or trade through different mediums, you will likely need multiple Terms and Conditions documents which each apply to a different situation.
For more information, read How to choose the right terms and conditions.
Make sure you incorporate your Terms and Conditions properly
Make sure you make your T&Cs clear and obvious to your customers. You should also make sure the process by which consumers agree to your Terms and Conditions is adequate to constitute their acceptance of the terms. Without doing this, your terms may not be incorporated into (ie legally made a part of) your contract for the sale of goods or supply of services and, as a result, you may not be able to enforce them if a dispute arises.
For more information, read Terms and conditions.
Understand when to seek advice from a lawyer
Ask a lawyer if you are:
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not sure which Terms and Conditions to use
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selling goods or services off-premises (eg doorstep sales)
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selling goods or services at a distance but not online (eg telesales)
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selling digital content
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Terms and Conditions FAQs
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Why should I use Terms and Conditions?
The specific or unique aspects of a sale of goods or supply of services (eg any unique specifications, quantities and delivery dates) are set out in separate orders. Make sure that you protect your business interests with professionally prepared T&Cs, which supplement these individual orders.
Standard Terms and Conditions help make everyone aware of their rights and obligations from the outset and allow the parties to focus their energy on agreeing on the specifics of a particular order. When it comes to consumers, there is a considerable amount of legislation aimed at protecting consumers, which any business-to-consumer (B2C) transaction must consider.
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What should be included in standard Terms and Conditions?
Standard Terms and Conditions templates usually cover:
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policies on refunds and returns
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payment terms of the transaction
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what happens if a customer receives damaged/ defective goods or services
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liability
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delivery policies
For more information on using T&Cs, read Terms and conditions.
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How do I choose the right Terms and Conditions?
Choosing the right Terms and Conditions template will depend on who your customers are, what you are selling and how you are selling (ie online or via a website). When using standard Terms and Conditions, it's particularly important to make sure you know who you are dealing with and whether they are purchasing for a business or as a consumer. When you are dealing with consumers, your Terms and Conditions will be more restricted as a result of consumer legislation, such as the Consumer Rights Act 2015. For more information, read Doing business with consumers.
The types of T&Cs you can make for your business include T&Cs for:
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selling goods to a business - these cover issues such as orders, delivery, pricing, payment, risk, warranties, defects, liability and confidentiality
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selling goods to a consumer online - these cover issues such as orders, delivery, pricing, payment, guarantees, cancellation, liability, data privacy and security
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selling goods to a consumer on business premises - these cover issues such as orders, delivery, pricing, payment, guarantees, cancellation, liability and data protection
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selling services to a business - these cover issues such as timing and termination of supply, orders, specifications, obligations, pricing, payment, intellectual property, confidentiality, warranties, liability and termination
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selling services to a consumer online - these also include information on cancellation rights
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selling services to a consumer on business premises - these cover issues such as timing, termination, orders, supply, customer responsibilities, pricing, payment, guarantees, liability, cancellation, termination and data protection
For more information, read How to choose the right terms and conditions.
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