What is included in Terms and Conditions for Supply of Services to Consumers?

This Terms and Conditions for Supply of Services to Consumers template covers: contract formation price and specification delivery warranties cancellation of orders and ending a contract privacy information which must, by law, be included in consumer contracts

Why do I need Terms and Conditions for Supply of Services to Consumers?

Terms and Conditions set out the rights and commitments of a seller and a buyer during the sale of products. T&Cs should always be clear and fair. Comprehensive Terms and Conditions ensure that provisions are made for various aspects of a transaction when a commercial contract is formed. This protects your business’ interests and ensures that consumers are treated fairly and are clear on their rights and obligations in relation to their purchase. Having clear Terms is often particularly important for the supply of services, as customer satisfaction with service provision can be more subjective than for the supply of goods - having a formal legal document to help resolve any disputes can be invaluable. Moreover, there is certain information that businesses must provide to consumers when selling to them from their business premises. This includes the terms of the contract of sale, such as prices and delivery provisions. The best way to provide this mandatory information is within a clear Terms and Conditions document. For more information, read Terms and conditions .

When are these Terms and Conditions not suitable?

These Terms and Conditions are designed to be used only for contracts for the supply of services to consumers (ie private individuals) from a business’ premises . If you’re selling services via a website, you should create Terms and conditions for supply of services to consumers via a website instead. If you’re selling goods instead of services, you should create Terms and conditions for the sale of goods to consumers from business premises or via a website . If your customers are other businesses, you should make Terms and conditions for the sale of goods to business customers or for the supply of services to business customers . You do not need to use a standard Terms and Conditions document (like this one) if: you offer services on a daily basis that are performed immediately (eg hairdressing services), or the services are supplied under an Employment contract or an apprentice contract For more information, read How to choose the right terms and conditions .

Are Terms and Conditions legally binding?

Terms and Conditions are intended to form part of contracts between a business and its customers (ie they are meant to be ‘ incorporated ’ into the contracts). Terms and Conditions that form part of a contract are legally binding, as long as they are compliant with relevant laws (eg consumer protection laws). Your Terms and Conditions may not be legally binding if they’re considered to be unfair . The Consumer Rights Act 2015 prevents consumers from being legally bound by contractual terms that are considered unfair to them. For example, terms that allow a seller to alter a contract’s terms without a valid and pre-specified reason, or terms allowing a seller to change the prices of goods, would be considered unfair. If you include unfair terms like these in your Terms and Conditions they will not be implemented, although any terms within the document not considered unfair will still generally be implemented. This Terms and Conditions template is designed to avoid creating any unfair terms. For more information, read Doing business with consumers and Supply or services B2C .

How do I incorporate my Terms and Conditions into my business’ contracts?

Businesses must make reasonable efforts to bring their Terms and Conditions to a customer's attention before a sale takes place (ie before the contract is formed). To help achieve this, your Terms and Conditions should generally appear on the back of all contractual documents and documents used during the ordering process, for example, quotations, order forms, acknowledgements of orders, delivery notes, brochures, or catalogues.

Do these Terms and Conditions cover the supply of goods alongside services?

You should consider whether the services your business provides involve the provision of any ancillary goods (ie related goods or materials , like materials and appliances for fitted kitchens or bathrooms). If ancillary goods are being provided, the sale of these will also be covered by these Terms and Conditions.

What are consumers’ statutory rights?

Consumers benefit from considerable legal protections and have certain legal rights (ie their statutory rights). These rights must be upheld in your Terms and Conditions and beyond. Consumers’ statutory rights include: having services they purchase be provided with reasonable care and skill being able to rely on the information (spoken or written) provided about the provision of services pre-contract paying a reasonable price for the services provided if a price was not agreed on beforehand having the services provided within a reasonable time if a timeframe was not agreed on beforehand For more information, read Doing business with consumers , Supply of services B2C and Consumer rights . You cannot use Terms and Conditions to change or exclude consumers’ statutory rights . The words 'your statutory rights are not affected' are often used to demonstrate a seller’s understanding of this and to communicate this to consumers.

When do I have to refund a consumer?

If the services being provided don’t meet the requirements set by consumer rights law, a business may have to repeat the entire service provision at no extra cost to the consumer. Where repeat performance of the service is impracticable , the consumer may be entitled to a full or partial refund, or a price reduction (of up to 100% of the cost). If a refund is agreed to, you should refund a consumer within 14 days of agreement. For more information, read Doing business with consumers .

Should I provide a guarantee?

There is no legal requirement for businesses to provide a guarantee (ie a legally binding promise) regarding the services (eg a guarantee of quality). However, you may wish to offer one as part of your customer service and promotion. You may wish to provide a guarantee for any ancillary goods you provide if you are in a position to replace or repair them.

Can I specify when payment is required?

Your T&Cs can state the time period within which payment is required for services. However, the time period between payment and performance of services shouldn’t be too long (eg payment shouldn’t be required 13 months in advance of service provision).

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OTHER NAMES T&Cs for supply of services Standard terms and conditions for the supply of services

What are Terms and Conditions for Supply of Services to Consumers?

Terms and Conditions for Supply of Services to Consumers set out the general legal terms intended to apply to all of a business’ sales of services to consumers from business premises. Terms and Conditions (T&Cs) are intended to apply to sales made on standard terms, to supplement the individual terms of a contract (eg the exact price a customer pays).

This document is GDPR compliant.

When should I use Terms and Conditions for Supply of Services to Consumers?

Use these Terms and Conditions for Supply of Services to Consumers:

when you are supplying services to consumers (ie private individuals who are not acting in the course of a business)
when goods are also being supplied or when they are not
when selling from your business premises only
when you are supplying services to specification and/or standard services
for businesses in England, Wales, or Scotland

This document has been customised over 33.4K times

Legally binding and enforceable

Complies with relevant laws

Ask a lawyer questions about your document

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 services and 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 Services to you. By ordering any of the Services, 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 supply of the Services;
Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer's order for the Services from the Supplier as set out
Services means the services, including any Goods, of the number and description set out in the Order.

Services

The description of the Services and any 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 size or colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Basis of Sale

The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or 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 Services ordered, only upon or, if earlier, the Supplier's delivery of the Services to the Customer.
Any quotation or estimate of Fees (as defined below) 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 Services, Fees 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.

Fees and Payment

The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
Fees and charges include VAT at the rate applicable at the time of the Order.
Payment for Services 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 Services.

Delivery

We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
1. in the case of Services, within a reasonable time; and
2. in the case of Goods, without undue delay and, in any event, not more than 30 calender days from the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
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:
1. 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 you said to us before the Contract was made that delivery on time was essential; or
2. 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 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 Services 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, any 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:
1. be of satisfactory quality;
2. 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
3. conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

The Contract continues as long as it takes us to perform the Services.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
2. is subject to any step towards its bankruptcy or liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

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:
1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
2. 'GDPR' means the UK General Data Protection Regulation.
3. '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 Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
2. we will only Process Personal Data for the purposes identified;
3. we will respect your rights in relation to your Personal Data; and
4. we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can e-mail: .

Successors and our sub-contractors

Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:
1. the party will advise the other party as soon as reasonably practicable; and
2. 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.

Excluding liability

We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are 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 your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your 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 Scotland or Northern Ireland respectively.
We try to avoid any dispute, so we deal with complaints as follows:

Our quality guarantee

We guarantee our service is safe and secure, and that properly signed Rocket Lawyer documents are legally enforceable under UK laws.

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Steps to make your Terms and Conditions for Supply of Services to Consumers

Make your document

Create your document by following Rocket Lawyer’s step by step interview process. If you need to edit your answers after creating your document, you can return to the interview to do so. Get started now!
Check that your Terms and Conditions are suitable

Read the Terms and Conditions to make sure they meet your business’ needs. Remember that, if you have any questions, you can Ask a lawyer for advice.
Make sure your Terms and Conditions accurately reflect your processes

Your Terms and Conditions should accurately reflect the processes and procedures that your business follows.
Incorporate your Terms and Conditions into customers’ contracts

You must make reasonable efforts to bring your Terms and Conditions to a customer’s attention before they place an order.
Store your document

A copy of your Terms and Conditions will be stored automatically in your Rocket Lawyer account ‘Dashboard’. You should also download and securely store a copy of your Terms and Conditions for your records.
Important details
- Make sure that your ordering processes match the commitments you’ve made in your T&Cs.
- If you don’t already have processes in place for any of the practices set out in your Terms and Conditions, create plans for how you will implement them and carry these out.
- Ask customers to expressly agree to the Terms and Conditions before placing an order.
- Print your T&Cs on the reverse of any papers (eg order forms) used for the ordering process. Make sure your employees bring this to customers’ attention.
- If you later amend your Terms and Conditions, you should store your new copy and keep a dated copy of each previous version of your Terms and Conditions that has been in force.

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FAQs about making Terms and Conditions for Supply of Services to Consumers

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What is included in Terms and Conditions for Supply of Services to Consumers?
This Terms and Conditions for Supply of Services to Consumers template covers:
- contract formation
- price and specification
- delivery
- warranties
- cancellation of orders and ending a contract
- privacy
- information which must, by law, be included in consumer contracts
Why do I need Terms and Conditions for Supply of Services to Consumers?

Terms and Conditions set out the rights and commitments of a seller and a buyer during the sale of products. T&Cs should always be clear and fair.

Comprehensive Terms and Conditions ensure that provisions are made for various aspects of a transaction when a commercial contract is formed. This protects your business’ interests and ensures that consumers are treated fairly and are clear on their rights and obligations in relation to their purchase. Having clear Terms is often particularly important for the supply of services, as customer satisfaction with service provision can be more subjective than for the supply of goods - having a formal legal document to help resolve any disputes can be invaluable.

Moreover, there is certain information that businesses must provide to consumers when selling to them from their business premises. This includes the terms of the contract of sale, such as prices and delivery provisions. The best way to provide this mandatory information is within a clear Terms and Conditions document.

For more information, read Terms and conditions.
When are these Terms and Conditions not suitable?
These Terms and Conditions are designed to be used only for contracts for the supply of services to consumers (ie private individuals) from a business’ premises.

If you’re selling services via a website, you should create Terms and conditions for supply of services to consumers via a website instead.

If you’re selling goods instead of services, you should create Terms and conditions for the sale of goods to consumers from business premises or via a website.

If your customers are other businesses, you should make Terms and conditions for the sale of goods to business customers or for the supply of services to business customers.

You do not need to use a standard Terms and Conditions document (like this one) if:
- you offer services on a daily basis that are performed immediately (eg hairdressing services), or
- the services are supplied under an Employment contract or an apprentice contract
For more information, read How to choose the right terms and conditions.
Are Terms and Conditions legally binding?

Terms and Conditions are intended to form part of contracts between a business and its customers (ie they are meant to be ‘incorporated’ into the contracts). Terms and Conditions that form part of a contract are legally binding, as long as they are compliant with relevant laws (eg consumer protection laws).

Your Terms and Conditions may not be legally binding if they’re considered to be unfair. The Consumer Rights Act 2015 prevents consumers from being legally bound by contractual terms that are considered unfair to them. For example, terms that allow a seller to alter a contract’s terms without a valid and pre-specified reason, or terms allowing a seller to change the prices of goods, would be considered unfair. If you include unfair terms like these in your Terms and Conditions they will not be implemented, although any terms within the document not considered unfair will still generally be implemented. This Terms and Conditions template is designed to avoid creating any unfair terms.

For more information, read Doing business with consumers and Supply or services B2C.
How do I incorporate my Terms and Conditions into my business’ contracts?

Businesses must make reasonable efforts to bring their Terms and Conditions to a customer's attention before a sale takes place (ie before the contract is formed). To help achieve this, your Terms and Conditions should generally appear on the back of all contractual documents and documents used during the ordering process, for example, quotations, order forms, acknowledgements of orders, delivery notes, brochures, or catalogues.
Do these Terms and Conditions cover the supply of goods alongside services?

You should consider whether the services your business provides involve the provision of any ancillary goods (ie related goods or materials, like materials and appliances for fitted kitchens or bathrooms). If ancillary goods are being provided, the sale of these will also be covered by these Terms and Conditions.
What are consumers’ statutory rights?
Consumers benefit from considerable legal protections and have certain legal rights (ie their statutory rights). These rights must be upheld in your Terms and Conditions and beyond. Consumers’ statutory rights include:
- having services they purchase be provided with reasonable care and skill
- being able to rely on the information (spoken or written) provided about the provision of services pre-contract
- paying a reasonable price for the services provided if a price was not agreed on beforehand
- having the services provided within a reasonable time if a timeframe was not agreed on beforehand
For more information, read Doing business with consumers, Supply of services B2C and Consumer rights.

You cannot use Terms and Conditions to change or exclude consumers’ statutory rights. The words 'your statutory rights are not affected' are often used to demonstrate a seller’s understanding of this and to communicate this to consumers.
When do I have to refund a consumer?

If the services being provided don’t meet the requirements set by consumer rights law, a business may have to repeat the entire service provision at no extra cost to the consumer.

Where repeat performance of the service is impracticable, the consumer may be entitled to a full or partial refund, or a price reduction (of up to 100% of the cost).

If a refund is agreed to, you should refund a consumer within 14 days of agreement. For more information, read Doing business with consumers.
Should I provide a guarantee?

There is no legal requirement for businesses to provide a guarantee (ie a legally binding promise) regarding the services (eg a guarantee of quality). However, you may wish to offer one as part of your customer service and promotion. You may wish to provide a guarantee for any ancillary goods you provide if you are in a position to replace or repair them.
Can I specify when payment is required?

Your T&Cs can state the time period within which payment is required for services. However, the time period between payment and performance of services shouldn’t be too long (eg payment shouldn’t be required 13 months in advance of service provision).

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About Terms and Conditions for Supply of Services to Consumers

Learn more about making your Terms and Conditions for Supply of Services to Consumers

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How to make Terms and Conditions for Supply of Services to Consumers
Making your Terms and Conditions for Supply of Services to Consumers is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the information prepared in advance, creating your document is a quick and easy process.

You’ll need the following information:

Your business’ details
- What is the business’ (ie the supplier’s) name and legal structure? If it’s a company, what is its company number?
- What are the business’ address, email address, and phone number?
Quotes and orders
- For how many days after being issued are any quotations or fee estimates valid?
- Will details of a customer’s order be attached to the Terms and Conditions or set out separately?
- Will the business confirm that orders have been accepted in writing or via email?
- Will you allow customers to cancel orders after they’ve been accepted? If so, within how many days of an order being accepted can it be cancelled by the consumer?
Payments
- Is payment for services required in advance of delivery or after an invoice has been issued?
  - If in advance of delivery, how many days before delivery is payment required?
  - If after an Invoice, how many days after receiving an invoice does a customer have to pay?
Additions to service provision
- Will the business provide any after-sales services (eg operational support for a product that the business installed for a customer)?
Standards and complaints
- How will the business deal with any complaints received from customers? You must provide a brief complaints policy, eg including a timeframe within which you will respond to complaints.
- Does the business follow any codes of conduct? If so, what are the codes called and where can they be found?
- Will the business provide a guarantee (ie a manufacturer’s guarantee) for any ancillary goods provided with the services?
Data protection
- Where can the business’ Data protection and data security policy be found?
- What is the email address of the person within the business responsible for data protection compliance?
Contracts
- If the business is based in Scotland, will the Terms and Conditions (ie the relevant contracts) be governed by the laws of England and Wales or the laws of Scotland?
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Common terms in Terms and Conditions for Supply of Services to Consumers
Terms and Conditions for Supply of Services to Consumers set out key information about contracts and the terms on which they will be formed. To do this, this Terms and Conditions for Supply of Services to Consumers template includes the following sections:

Please read all these terms and conditions

The document starts by telling consumers that they should read all of the Terms and Conditions to ensure that they agree with them, as once an order is made by a consumer the business may accept this order and form a legally binding contract without obtaining further assent from the consumer.

Application

Here the business (ie the ‘supplier’) to whose transactions the Terms and Conditions apply is identified. It’s also highlighted that the T&Cs will apply to purchases of services by consumers and that, by ordering any services from the business, a consumer is agreeing to be bound by the T&Cs (ie they will form part of the legally binding contract that’s formed between the business and the consumer).

Interpretation

This section defines various key terms used in the Terms and Conditions. When these terms are used capitalised in the document they will carry the meanings they’re given here. For example, it’s set out who qualifies as a ‘Consumer’, what counts as a ‘Contract’, and what constitutes an ‘Order’.

Services

This section sets out various details about the services the business provides. For example, that services are provided subject to availability and may be changed if necessary to comply with the law, and that if any goods or services are provided to meet special requirements it’s the customer’s responsibility to ensure they provide correct information to enable this.

It’s also noted that descriptions contained in advertising materials are for illustrative purposes only and actual goods and services provided may be slightly different.

Customer responsibilities

Here the customer is required to provide any necessary access, information, licences, and similar that are required to allow service provision. If they do not do so, the business may generally pause service provision or end a contract by giving written notice.

Basis of sale

This section explains when a contract between the business and a consumer is formed (eg once the business has accepted an order). The maximum period that any quotations made are open for is also set out and it’s noted that contracts cannot be varied once formed unless a variation is agreed to in writing.

The types of contracts to which these Terms and Conditions are to apply are also identified. For example, on-premises sales only (eg not sales via a website).

Fees and payment

The fee payable for the services and (if applicable) goods is identified by reference to price lists and any other prices agreed between the business and a consumer in writing. It’s also noted that Value Added Tax (VAT) is included in fees and charges. How and when payment must be made (eg within a specified number of days following an invoice or preceding delivery) is also identified.

Delivery

Here the business commits to delivering services and any ancillary goods within agreed time periods or within reasonable periods of time if no period was agreed. This section then sets out what a customer may do if delivery does not occur in time (eg fee reductions or refunds may be available). The customer can also treat the contract as ended (and will have any payments made under it returned to them) if, for example, the business refuses to deliver.

Other provisions on delivery are also set out, for example:
- customers cannot accept some goods and reject others if the goods form a commercial unit (ie a unit the division of which would impair the goods’ value)
- any deliveries outside of the UK, Isle of Man and Channel Islands must be agreed to by the business and the customer will need to pay any import duties
- redelivery costs may be charged if the customer fails to take delivery
- the customer should examine any goods before accepting them - goods will become the customer’s responsibility from delivery
Risk and title

This section states that the customer takes on the risk of (ie is financially responsible for) any damages to or loss of goods once they’ve been delivered. However, ownership of the goods will only be transferred to the customer once full payment has been received.

Withdrawal (or ‘Withdrawal and cancellation’)

This section will always set out a consumer’s right to withdraw from an order before a contract is formed (eg before the order is accepted) by telling the business of their wish to do so. No reason is needed and the consumer should not be liable to the business in any way (eg they should not owe the business money).

If you’ve chosen to include a right to cancel contracts under your Terms and Conditions, this will also be set out here. The clause will tell consumers that they have a specified number of days from entering into a contract within which they can change their mind and cancel the contract (unless goods were made to special requirements). In such instances, any delivered goods should be returned and any necessary refunds made.

Conformity (or ‘Conformity and guarantee’)

This section sets out various requirements for services and any ancillary goods that are provided. For example:
- services must be provided with reasonable care and skill
- the business must supply goods that conform with the relevant contract, are of satisfactory quality, and which are reasonably fit for their purpose
- if anything was said or written to a consumer by or on behalf of the business that was taken into account by the consumer when they entered into their contract, this statement will generally be considered to be a term of the contract (ie legally binding)
- if the business is giving a guarantee: the business must give the consumer the benefit of a manufacturer’s guarantee for any ancillary goods (ie the consumer generally has a right to claim repairs or replacements or similar if any such goods turn out the be of inadequate quality)
- if the business is providing specified after-sale services: it must provide these
Duration, termination and suspension

Next, the document sets out when a consumer’s contract can be ended. Generally, a contract will continue for at least as long as it takes for the services to be performed. Either the business or the consumer may end the contract or may suspend the provision of services by giving written notice if the other party:
- is subject to steps towards bankruptcy or liquidation, or
- commits a serious breach of the contract which cannot, or is not within 30 days of notice, remedied
Privacy

This section highlights the business’ commitment to treating consumers’ personal data (ie information from which an individual can be identified) in accordance with data protection laws and the business’ Privacy policy, Cookies policy, and other relevant policies. An email address is also provided for questions or complaints related to data protection and privacy.

Successors and our sub-contractors

Here both parties are given permission to transfer (eg assign) their benefits under a contract to another party, although the original party will remain liable for its obligations under the contract. It’s also noted that, if the business uses any subcontractors to help it perform its obligations, it will be liable (eg financially responsible) for the subcontractors’ acts.

Circumstances beyond the control of either party

This acts as a broad force majeure clause. It allows either party to suspend its obligations under a contract as far as is reasonable, without liability for the failure to perform, if performance is prevented by the occurrence of an event beyond the party’s reasonable control. The party must inform the other party of this as soon as reasonably practicable and the consumer is still entitled to cancel or exercise other rights related to delivery set out in the Terms and Conditions.

Excluding liability

This section sets out instances in which the business is not liable for (ie not legally responsible for or potentially required to cover the costs of) any losses a consumer incurs due to a breach of a contract by the business. For example, losses of profit or similar that should not be applicable to consumers or losses that were not reasonably foreseeable to the business and consumer when the contract was made.

It’s also noted that the business does not exclude or limit liability for fraudulent acts or omissions or for death or personal injury caused by its negligence or breaches of other legal obligations.

Governing law, jurisdiction and complaints

Some final, general clauses of the Terms and Conditions are set out here. These include:
- whether contracts will be governed by the law of England and Wales or the law of Scotland (ie which courts have jurisdiction over contracts)
- which courts can be used to resolve any disputes (eg the courts or Scotland or of Northern Ireland, if the courts of Scotland have jurisdiction over the contract and the customer lives in Northern Ireland)
- how the business deals with complaints
- if the business follows any codes of conduct, what these are and where they can be found
If you want your Terms and Conditions for Supply of Services to Consumers to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Terms and Conditions comply with all relevant laws. Use Rocket Lawyer’s Ask a lawyer service for assistance.
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Legal tips for businesses
Always use the correct terms and conditions

It’s important that, for every sale you make (of goods or of services) that requires terms and conditions, you use the correct terms and conditions for your sale. This may require one business to have multiple sets of T&Cs in place that are used in different circumstances if, for example, you provide goods both from business premises and online.

This is important as, if you use the incorrect T&Cs, your T&Cs could contain irrelevant information or could omit certain information that must by law be communicated to the relevant type of customer (eg consumers who purchase online are usually entitled to a 14-day statutory cancellation period and they must be informed of this right). If you fail to provide necessary information when making sales, your business could be exposed to costly legal claims in future.

For more information, read How to choose the right terms and conditions and the FAQ ‘When are these Terms and Conditions not suitable?’.

Correctly incorporate your Terms and Conditions into your contracts

In some ways, the law favours consumers, as in commercial transactions they’re generally considered to have less bargaining power and relevant knowledge. This means that, if it’s not clear whether Terms and Conditions were validly incorporated into a contract and a business attempts to rely on one of the terms during litigation, it may be difficult for the business to argue that the terms were incorporated (ie that they make up part of the relevant contract).

You can be more sure that you’re correctly incorporating your T&Cs into your contracts by:
- making sure to bring them to customers’ attention before they form contracts (eg before they place orders)
- making sure T&Cs are fair, and
- by making sure they’re accessible
For more information, read Terms and conditions and the Make it legal checklist for this document.

Understand when to seek advice from a lawyer

In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
- you are unsure whether you need to use these Terms and Conditions
- you need Terms and Conditions for unusual goods (eg perishable goods) or regulated goods or services
- you provide services that focus on intellectual property (IP)
- you are selling digital content
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