MAKE YOUR FREE Terms and Conditions for Sale of Goods to Consumers
What we'll cover
What are Terms and Conditions for Sale of Goods to Consumers?
Terms and Conditions for Sale of Goods to Consumers set out general legal terms that are intended to apply to all of a business’ sales of goods 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 product a customer is purchasing). For more information, read Doing business with consumers.
This document is GDPR compliant.
When should I use Terms and Conditions for Sale of Goods to Consumers?
Use these Terms and Conditions for Sale of Goods to Consumers:
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when you are selling goods to consumers (ie private individuals who are not acting in the course of a business)
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when selling from your business premises only
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if you’re selling goods to specification and/or standard goods
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for businesses in England, Wales, or Scotland
Sample Terms and Conditions for Sale of Goods to Consumers
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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 for Sale of Goods to Consumers
Learn more about making your Terms and Conditions for Sale of Goods to Consumers
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How to make Terms and Conditions for Sale of Goods to Consumers
Making your Terms and Conditions for Sale of Goods 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
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What is the business’ (ie the supplier’s) name and legal structure? If it’s a company, what is its company number?
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What are the business’ address, email address, and phone number?
Quotes and orders
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For how many days after being issued are any quotations or fee estimates valid?
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Will details of a customer’s order be attached to the Terms and Conditions or set out separately?
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Will the business confirm that orders have been accepted in writing or via email?
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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?
Additions to service provision
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Will the business provide any after-sales services (eg specific forms of maintenance of the goods provided)?
Payments
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Is payment for goods required in advance of delivery or after an invoice has been issued?
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If in advance of delivery, how many days before delivery is payment required?
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If after an Invoice, how many days after receiving an invoice does a customer have to pay?
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Standards and complaints
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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.
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Does the business follow any codes of conduct? If so, what are the codes called and where can they be found?
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Will the business provide a guarantee (ie a manufacturer’s guarantee) for goods purchased?
Data protection
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Where can the business’ Data protection and data security policy be found?
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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 Sale of Goods to Consumers
Terms and Conditions for Sale of Goods 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 Sale of Goods to Consumers template includes the following sections:
Please read all these terms and conditions
The Terms and Conditions start by informing consumers that they should read all of the Terms and Conditions to ensure that they agree with them, as once a consumer makes an order the business may accept this order and form a legally binding contract without obtaining further assent from the consumer.
Application
This section identifies the business (ie the ‘supplier’) to whose transactions the Terms and Conditions apply. It also highlights that the T&Cs will apply to purchases of goods 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 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 sets out who qualifies as a ‘Consumer’, what counts as a ‘Contract’, and what constitutes an ‘Order’.
Goods
This section explains that descriptions of goods the business sells are intended for illustrative purposes and there may be some discrepancies with actual items. It’s also noted that customers are responsible for providing accurate information to be used for any goods made to special requirements (eg personalised items).
Basis of sale
This section sets out when a contract is formed between the business and a consumer (eg once the business has accepted an order). It also specifies the maximum period that any quotations made are open for and it’s noted that contracts cannot be varied once formed unless a variation is agreed to in writing.
The types of contracts that these Terms and Conditions apply to are also identified. For example, on-premises sales only (eg not sales via a website).
Price and payment
Here the prices payable in exchange for the goods are identified by reference to price lists and any other prices agreed upon between the business and a consumer in writing. It’s also noted that Value Added Tax (VAT) is included in prices and charges. This section then notes how and when payments must be made (eg within a specified number of days following an invoice or preceding delivery).
Delivery
Next, the business commits to delivering goods within agreed time periods, if no time period was agreed upon, without undue delay and within 30 days.
It’s then explained what a customer may do if delivery does not occur in time (eg refunds may be available). The customer may also treat their contract as having ended (and will have any payments made under it returned to them) if, for example, the business refuses to deliver goods.
This section then sets out other provisions on delivery, for example:
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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)
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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
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redelivery costs may be charged if the customer fails to take delivery
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the customer should examine any goods before accepting them - goods will become the customer’s responsibility from delivery
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the business may deliver goods in instalments for fair and genuine reasons, for example, stock shortages
Risk and title
It’s explained here that the customer takes on the risk of (ie is financially responsible for) any damages to or loss of goods once the goods have been delivered. However, ownership of the goods will only be transferred to a customer once the business has received full payment.
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). They only need to tell the business that they want to do so. No reason is required 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 in this section. 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 these instances, any goods that have already been delivered should be returned and any necessary refunds should be made.
Conformity (or ‘Conformity and guarantee’)
Here the Terms and Conditions set out various requirements for the goods that are provided. For example:
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goods supplied must conform with the relevant contract by, for example, being of satisfactory quality and reasonably fit for their purpose
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if the business is giving a guarantee: the business must give the consumer the benefit of a manufacturer’s guarantee for any goods purchased (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)
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if the business is providing specified after-sale services: it must provide these
Circumstances beyond the control of either party
This section acts as a force majeure clause. It allows either party to suspend its obligations under a contract as far as is reasonable, without that party being liable for its failure to perform, if performance is prevented by the occurrence of an event beyond the party’s reasonable control. If this happens, the party that cannot perform its obligations must inform the other party of this as soon as is reasonably practicable.
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.
Excluding liability
This section notes 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.
It also identifies 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.
Governing law, jurisdiction and complaints
Some final, general clauses of the Terms and Conditions are set out here. These include:
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whether contracts will be governed by the law of England and Wales or the law of Scotland (ie which courts have jurisdiction over contracts)
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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)
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how the business deals with complaints
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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 Sale of Goods 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
A business should make sure that, every time it makes a sale that requires terms and conditions, it uses the correct terms and conditions for the type of sale. This may require one business to have multiple sets of T&Cs in place that are used in different circumstances. For example, if you provide goods to both consumers and to business customers.
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 consumer (eg consumers who purchase online are usually entitled to a 14-day statutory cancellation period and they must be informed of this right). If a business does not provide necessary information when making sales it could be exposed to costly legal claims.
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
Consumers are often favoured and protected by the law as, in commercial transactions, consumers are 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 modify your business’ sales practices to be more sure that you’re correctly incorporating your T&Cs into your contracts by, for example:
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making sure to bring T&Cs to customers’ attention before they form contracts (eg before they place orders)
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making sure T&Cs are fair, and
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ensuring T&Cs are 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:
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you are unsure whether you need to use these Terms and Conditions
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you sell unusual goods (eg perishable goods) or regulated goods
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you are selling digital content
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Terms and Conditions for Sale of Goods to Consumers FAQs
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What is included in Terms and Conditions for Sale of Goods to Consumers?
This Terms and Conditions for Sale of Goods to Consumers template covers:
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contract formation
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price and specification
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delivery
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warranties
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cancellation of orders and ending a contract
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information which must, by law, be included in consumer contracts
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Why do I need Terms and Conditions for Sale of Goods 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 legal provisions are made to cover different aspects of a transaction when a commercial contract is formed. This protects your business’ interests and makes sure that consumers are treated fairly and that they are clearly informed about rights and obligations in relation to purchases.
T&Cs are also important as 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. A great way to provide this mandatory information is within a clear Terms and Conditions document.
For more information, read Terms and conditions.
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When are these Terms and Conditions not suitable?
These Terms and Conditions are designed to be used only for contracts for the sale of goods to consumers (ie private individuals) from a business’ premises.
If you’re selling goods via a website, you should create Terms and conditions for sale of goods to consumers via a website instead.
If you’re supplying services instead of selling goods, you should create Terms and conditions for the supply of services 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 sell goods on a daily basis and they are sold immediately when the contract is entered into (eg groceries or newspapers).
For more information, read How to choose the right terms and conditions.
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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). When Terms and Conditions are successfully included as part of a contract they are legally binding as long as they comply 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 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 generally be considered unfair. If your Terms and Conditions include unfair terms like these, these terms 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.
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How do I incorporate Terms and Conditions into contracts with consumers?
Businesses must always 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.
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What statutory rights do consumers have relevant to purchasing goods?
Consumers benefit from considerable legal protections and have certain legal rights (ie their statutory rights). These rights must be upheld in a business’ Terms and Conditions and in its practices. Consumers’ statutory rights include having goods purchased:
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be of satisfactory quality
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be fit for their intended purpose
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match descriptions used to advertise or sell the goods
For more information, read Doing business with consumers 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.
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When does a business have to refund a customer?
If a business breaches any of the consumer statutory rights set out above (eg by providing goods that aren’t of satisfactory quality), consumers are entitled to reject the goods within 30 days of purchase in order to receive a refund. They may also be entitled to repair or replacement of the goods.
Businesses can also enhance consumers’ rights by offering a returns policy that allows consumers to change their minds about goods they’ve purchased for any reason within a short period of time after they receive the goods.
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Should I provide consumers with a guarantee?
You may wish to provide a guarantee to repair, replace, or refund goods that are faulty (ie a manufacturer's guarantee). In any case, such a guarantee also exists as a statutory right, as long as the customer can show that the goods are faulty.
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Can I set out when payment is required?
Your T&Cs can set out the time period within which payment must be made for the goods a customer purchases. However, the time period between payment and delivery of the goods should not be too long (eg more than 1 year).
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What if tailor-made or customised goods are provided?
If a business provides goods that are made to order (ie tailor-made for a specific consumer), it is possible to sometimes exclude consumers’ right to a refund (eg if you otherwise allow customers to cancel contracts and return orders within a certain period of time). However, such an exception wouldn't affect a customer's statutory rights in relation to faulty or misrepresented goods. For more information, read Doing business with consumers.
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What else should I provide in T&Cs?
You can also use your Terms and Conditions to provide other information to customers. For example, an email and/or postal address to which customers can send communications that must be in writing (eg notices cancelling orders or returning purchases). You should also set out your accepted payment methods and practices (eg by stating that payment must be made when an order is placed but credit/debit cards will not be charged until goods are dispatched).
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