Terms and Conditions – selling online FAQs

Do I really need terms and conditions?

No matter what you are selling on a website, whether it is products or services then you must have terms and conditions, both for your own protection but also for your buyers to make sure that they understand how trading occurs on your web site.

One of the best ways of dealing with this is to have standard terms and conditions. These should lay out the usual (standard) way which you do business. So, for example, the standard terms and conditions will explain your ordering process and will deal with your obligations and what you supply but will also deal with the buyer’s obligations and responsibilities (for example, if they supply information or measurements which you rely on and use).  It also covers potential issues such as there’s a problem with payment etc (for example, if their payment “bounces” or is late).

Depending on what you are selling and who your potential buyers are, then there are various legal (statutory) obligations that you also have to meet. For example, if you are selling to members of the public (not just selling to other businesses) then you will need to comply with Distance Selling Regulations and tell buyers about their rights to return certain items or cancel certain services. Part of these obligations can be dealt with in your standard terms and conditions.

Do I need anything else?

Standard terms and conditions are normally accompanied by another document which is used to detail exactly what that particular customer is buying (exactly what items or services you are selling them, what the price will be, when it will be delivered/supplied etc). This document is called by different names, such as a proposal, a purchase order or order information, but whatever the name it serves the same purpose – to confirm what you are selling to that particular buyer. It’s also in this document that you can make any changes to your standard terms and conditions, for example, if you agree to let a particular buyer have longer to pay you.  This may be words on a web site showing different levels of service or a separate document completely.

Do I need to tell a buyer about my terms?

Together, the standard terms and conditions and proposal/purchase order documents set out the terms and conditions of sale which you want the buyer to agree to.  They are part of the ordering process and so you MUST make sure that the buyer aware of them before an order is placed. As well as them being available on your website, the buyer should be directed to the terms and conditions so they can read them BEFORE finalising their order.

If they do not like your terms and conditions then this will give them the option to change their mind.

How do I make sure a buyer knows and accepts my terms and conditions?

One of the best way of ensuring that a buyer knows and accepts your terms and conditions is to have a tick box with a link to the terms which the buyer must deal with before they place an order. So, as part of the ordering process, before they complete the purchase you can have a tick box which must be “ticked” by the buyer before they can finalise and place their order. If they don’t tick they can’t place their order. In our view this is the best way to proceed online as it makes disputes very difficult when they have ticked the box agreeing them.

There is no specific wording that you need, but we suggest something like

“By ticking this box you confirm that you have read, understood and accept our terms and conditions”

Another way is to not have a tick box but to draw the buyer’s attention to the terms before they actually click on the “Order” button, by adding something like: (again, there is no specific wording you have to use)

“Please note that by placing an order with us you confirm that you have read, understood and accept our terms and conditions”. This way means that you have no proof the terms were agreed, or brought to the attention of the customer so we advise against this. We know many large firms deal with their terms like this but they have bigger budgets to deal with disputes than most small businesses so bear in mind you are covering your risks here.

Either way, you should arrange the web page so that if the buyer clicks on the words terms and conditions they are taken to your terms and conditions so the buyer can read them.

Do I need other documents?

Depending on what your website sells you will probably need other documents. You will need a Privacy Policy so that you can deal with data protection issues, for example, cookies that your website will use and how you deal with your buyer’s information.

You should also have terms of use which relate you your website. This will protect you and ensure that you explain who owns the website and how and for what it can be used. You can also give general guidance, for example, about parental supervision of websites.

FAQ –Terms and Conditions – websites offering free services or forums

Do I really need terms and conditions?

When you offer services from a website and include a forum or chat-room, even if there is no charge for using the website or the services then it is still important to have terms and conditions, both for your own protection but also for that of your website users.

Terms and conditions will lay out the usual (standard) terms and conditions on which you allow the user to use your website and all the services you have on it. For example, you’ll want to explain that you own the website and that you are only allowing a user to have use of the website and you are not, for example, allowing users to copy the website and start another one in competition using your content.

You will also want to make it clear what is and is not acceptable when using your website. For example, depending on your website, you may not want swearing being used in a forum or you may want to make sure that all website users use your services for legal purposes only.

This may all seem obvious but that’s because you know what your intentions are. If you don’t tell website users what they can and can not do, then how will they know?

Depending on what your website does, then there may also be various legal (statutory) obligations that you also have to meet and these obligations can be dealt with in your terms and conditions.

Do I need to tell a buyer about my terms?

You need the user to agree to your terms and conditions BEFORE they use the website.

If they do not like your terms and conditions then this will give them the option to change their mind and do not have to use the website.

How do I make sure that website users know and accept my terms and conditions?

The best way of ensuring that this happens is to have a tick box with a link to the terms which the users must deal with before they can actually use the website.

So, as part of the initial registration process, and each time they log-in, before they can actually use the website you can have a tick box which must be “ticked” before the users can start using the website.

There is no specific wording that you need, but we suggest something like

Please note that by using this website us you confirm that you have read, understood and accept our terms and conditions

Another way is to not have a tick box but to draw the user’s attention to the terms before they actually register/use by adding something like: (again, there is no specific wording you have to use)

“Please note that by registering with us and using this website everything available on it you confirm that you have read, understood and accept our terms and conditions”

Either way, you should arrange the web page so that if the buyer clicks on the words terms and conditions they are taken to them.

Do I need anything else?

Depending on what your website you will probably need other documents. You will need a Privacy Policy so that you can deal with data protection issues, for example, cookies that your website will use and how you deal with information provided by the website users, for example, on registration.