If you are conducting business via a website, you will need to ensure customers agree to the terms before placing an order.
Terms should be available via a link on every page on your website.
Customers should ideally be presented with Ts & Cs which need to be accepted by scrolling through them and clicking on an 'accept' button before an order can be placed, preferably before payment details are taken. This maximises the possibility that the terms will be enforceable.
Alternative methods for getting customers to accept terms and conditions are: dealing with this via a registration process; providing a link to the Ts & Cs before a purchase is made and requiring the customer to tick a checkbox which indicates acceptance.
Any particularly onerous or unusual terms should be clearly highlighted.
Your terms and conditions should inform customers how and when the contract is formed, as this will not generally be the time that a purchase is submitted.
Once the customer’s credit or debit card details have been verified, they can be directed to a page confirming that the order has been received and it’s good practice to also send out an email to this effect.
When you have checked that there are no problems with the order and that it can be fulfilled, email confirmation of the acceptance of order and dispatch of goods can be sent.