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Website Terms and Conditions of Sale Fill out the template

Website Terms and Conditions of Sale

Last revision
Last revision 20/09/2018
Formats
Formats Word and PDF
Size
Size 5 to 8 pages
Fill out the template

About the template

Last revision: 20/09/2018

Size: 5 to 8 pages

Available formats: Word and PDF

Fill out the template

Website Terms and Conditions of Sale

This document can be used as the terms and conditions of sale for a website. It sets out the basis on which a user purchases goods, services and/or digital content from a website and can be modified to take account of numerous issues including:

  • consumer and business customers
  • goods, services and digital content sales
  • dispute resolution
  • cancellation rights and consequences

It should be noted that this document only includes the terms and conditions of sale. It will refer to and incorporate into its terms other documents if applicable such as a privacy policy and terms and conditions of use. Indeed, website operators should always consider whether any further documents such as a privacy policy or cookie policy are required. In particular, while this document has been updated to reflect the General Data Protection Regulation ("GDPR") when used in conjunction with a privacy policy, such documents are not included and must be obtained separately.

Websites using the document should consider and be aware of the EU's Online Dispute Resolution platform, which is referred to within the document.

Additionally, if any third party services are used on the site (such as payment providers), consideration must be paid to whether any further terms must be added to the document. Typically such terms will be mandated by such services and can be determined through a request to the provider.

Finally, it should be noted that this document has been created for use by general, common sites, which do not present more specific legal issues. If the website has content which is likely to create more specific issues, or is targeted at a sensitive audience, this document is not appropriate for use. In particular, if the website concerns regulated activities (including those covered by the Financial Conduct Authority), encourages dangerous or risky activities, offers legally restricted content or products, or is aimed at use by children, this document should not be used.

How to use the document

In order for the terms and conditions to be legally binding on a user of the website, the user will have to actually be made aware of them, and will have to be considered to agree to them. So firstly, they will need to be published on the website.

Some websites simply make the terms and conditions of sale available somewhere on the site respectively (usually on a separate page, accessible via a hyperlink) and claim that by using the site and making purchasers, users agree to the terms and conditions. This is known as a "browsewrap" agreement.

Other websites make the user take positive steps to confirm that they have read, understood and accepted the terms and conditions of sale. For example, sites might have a popup box that contains the entire terms and conditions. The user has to scroll to the bottom of the terms and conditions and then check a box (that is otherwise unchecked) to say "I have read and understood these terms and conditions and agree to be bound by them" prior to completing any sale. This is known as a "clickwrap" agreement.

Websites that use clickwrap agreements often also make sure that the "I agree" box appears on the same page as the entire terms and conditions (so that the user cannot argue that although they checked the box, they did not actually see the terms and conditions). It is also common for websites to bring specific terms to the user's attention if those terms might be seen as particularly unfair on the user.

Similarly, if the terms exclude under 18s from using the site, it is typical for a website to require the user to confirm their age on a separate page or pop-up.

In addition to these terms and conditions many websites will require a terms and conditions of use which sets out the terms on which a user accesses the website. In addition, business owners who collect any information from users of the website are likely to need a privacy policy as well - to explain how the user's information is collected, stored and used, and if cookies are used, a cookie policy. Finally, an acceptable use policy may also help set out the ways in which the website may be used.

Any applicable law

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

Consumer Protection from Unfair Trading Regulations 2008

Electronic Commerce (EC Directive) Regulations 2002

The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015

Equality Act 2010

Contracts (Rights of Third Parties) Act 1999

The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015

Regulation on Consumer ODR (Regulation (EU) no. 524/2013)


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