TERMS AND CONDITIONS

What are terms and conditions?

General terms and conditions (T&Cs) set out those arrangements, provisions, requirements, rules and specifications which occur in every transaction that a seller makes. Whether goods and services are sold on a standard basis or to specification, standard terms and conditions of sale (or supply) are a core part of most businesses.

Please note that these are different from Website term and conditions.

Why should I use terms and conditions?

The specific, or unique, aspects of the sale or supply of services (eg, any unique specifications, quantity, delivery dates) are set out in a separate order. Make sure that you protect your business interests with professionally prepared T&Cs.

Standard terms and conditions for the sale of goods or supply of services help to make everyone aware of their rights and obligations from the outset and allow the parties to focus their energy on agreeing the specifics of a particular order. When it comes to consumers, there is a considerable amount of legislation, aimed at protecting consumers, which must be taken into account when drafting T&Cs.

Make sure you do things right when creating T&Cs. Create the correct T&Cs using our step-by-step interview.

Which terms and conditions should I choose?

Choosing the right terms and conditions 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. For further information read Doing business with consumers.

The types of T&Cs you can make for your business are:

• Selling goods to a business - cover issues such as orders, delivery, pricing, payment, risk, warranties, defects, liability and confidentiality
• Selling goods to a consumer online - cover issues such as orders, delivery, pricing, payment, guarantees, cancellation, liability, data privacy and security
• Selling goods to a consumer on business premises - cover issues such as orders, delivery, pricing, payment, guarantees, cancellation, liability and data protection
• Selling services to a business - cover issues such as timing and termination of supply, orders, specifications, obligations, pricing, payment, intellectual property, confidentiality, warranties, liability and termination
• Selling services to a consumer online - also include information and cancellation rights
• Selling services to a consumer on business premises - cover issues such as timing, termination, orders, supply, customer responsibilities, pricing, payment, guarantees, liability, cancellation, termination and data protection.

For further information read How to choose the right terms and conditions, Term and conditions and Online business.

Ask a lawyer if you are:

Not sure which terms and conditions to use

• Selling goods or services off premises - eg doorstep sales
• Selling goods or services at a distance but not online - eg telesales
• Selling digital content.

These documents are governed by the laws of England, Wales or Scotland.