IE-ECM121 Terms and conditions for Internet sale internationally of goods to consumers (and to businesses), assuming website contains facilities for visitor inter-action.
We offer a number of template documents in this area. This helps you to select the right version and minimises the changes you have to make. Simply choose the one that is most suitable for your business. It matters less what you sell and more how you sell it.
About this document
It is essential that you get the terms and conditions between you and your customer crystal clear from the start. Provided you comply with the law, you can write what terms you like. However, if you sell to consumers you are constrained by consumer law. Similarly, if you sell from a distance, there are further rules and regulations. The really important thing is to make sure that your terms accurately reflect exactly how you intend to “do business”.
This document assumes you sell to an end user. Changes may be needed to the paragraphs on delivery, risk and returns if you sell to wholesalers or distributors. If you do, you may like to consider agency and sales documents.
Who will use this document?
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a person or company;
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selling physical goods of any sort;
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through any sales channel, including an e-commerce enabled website;
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to consumers.
If you sell to business you can use the same document. Certain consumer protection provisions are made applicable only to consumers. These terms are suitable for selling to anywhere in the World, though we cannot be responsible for local laws in other countries.
If you have no e-commerce facility (customers pay through your website), use the simpler version at IE-ECM122
Key features:
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the essence of the contract: when made; offer and acceptance. Changes to information on website;
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customer account and confidentiality;
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price, VAT and payment;
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delivery and risk;
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goods returned: reasons and procedure;
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disclaimers and limitation of sellers liability;
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protection of your intellectual property (so far as possible in a document of this nature);
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a comprehensive draft “Acceptable Use Policy” which you use to say what your visitors or contributors may or may not do (delete it if there is no place on your site where people can enter text or otherwise communicate with you).
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protection from hackers (so far as possible in a document of this nature);
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extensive prohibitions against customer misdeeds;
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appropriate legal provisions - warranties, exclusions, indemnities, etc
