Terms & Conditions (products & services) online or offline

TERMS & CONDITIONS OF SALE

These terms and conditions are suitable for use in England, Wales and Scotland for the sale and purchase of products and services, either online or offline.  It does not matter whether the customer is a businesses or a person (consumers).

What the terms and conditions contain

The following agreement provides a framework within which the buyer agrees to buy and the supplier agrees to sell certain products and supply certain services, either through a website or offline.  It contains terms and conditions under which the products and services will be bought and sold and on the basis of which the buyer will make payment for those products and services. It also deals with standard business eventualities such as overdue payments and cancellation or termination by either party. 

How to use the terms and conditions and why you should use them

Before you enter into an arrangement for sale and purchase, the terms and conditions must be agreed by both parties.  They need to be attached to the proposal that details the products to be sold by the supplier and the services to be supplied.  Once this is done and the information required has been filled in where indicated, these terms and conditions will provide a set of guidelines that will govern the transaction.

Agreeing the basics of sale and purchase in advance will save both time and money in the long run, should any disputes or queries arise further down the line.  Having everything clearly set out in writing prevents any selective memory loss or issues with forgotten agreements.  It’s good business sense.

Electronic purchases

If you are only selling online from a website, you may prefer to simply e-mail the proposal to the buyer.
 
Proposal

The last page of this document contains a draft proposal that should also be filled out and attached to the terms and conditions.  The proposal includes specifics such as a description of the products and scope of the services, and has optional clauses for online sales.

Standard content

In addition to those clauses that are specific to the transaction, these terms and conditions contain all the standard ‘boilerplate’ clauses for a sale and purchase agreement.  These cover the mechanics of the transaction and are listed below:

• Definitions, including alternative clauses for online sales
• Application of conditions
• Details of the products and services
• How an agreement arises and the terms and conditions are accepted
• The price of the products and services and how payment is made
• Overdue payments and interest on overdue payments
• Obligations on the buyer, such as that to ensure information passed to the supplier has been checked as accurate
• Obligations on the supplier for delivery of the products and performance of services
• Responsibility and use
• Use of confidential information and how data will be held
• Transfer of title to the products and also of risk
• Intellectual property rights
• Guarantee (optional)
• Conditions for a replacement product or refund on services
• Cancellation (optional)
• Waiver of any cancellation or refund rights under the Consumer Protection (Distance Selling) Regulations 2000 by buyer if supplier accepts an electronic order
• Limitation of Liability
• Indemnity
• Waiver
• Force Majeure
• How notices should be served
• Invalidity of individual clauses does not affect the agreement as a whole
• Governing law and jurisdiction

This document is specifically aimed at the sale of products and services, either online or offline

This document will not provide an effective structure for anything other than the sale of products and services.

If you are looking for any other type of document, please see our contents pages.

File Type: Word File