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Terms and conditions of sale via website (B2C)

This template may be used to create terms and conditions to govern the sale of physical products, through a website, to consumers, under a contract governed by English law. The template does not make any assumptions about the types of products sold (although the sale of some types of products will of course be subject to special regulation, which will not be accounted for in this template). The template takes specific account of applicable consumer protection legislation, and assumes that customers will be protected by that legislation. Accordingly, it is not suitable for use in relation to websites that sell products to other businesses. Nor is the document suitable for use in relation to the sale of services or downloadable products.

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Terms and conditions of sale via website (B2C) contents

  1. Introduction: purpose of document: governing product sales via website; express agreement to document upon order; no abridgment of consumer statutory rights.
  2. Interpretation: party description definitions.
  3. Order process: product advertisement as invitation to treat; no contracts except in accordance with order process; online products order process; input error correction and identification.
  4. Products: types of products; products may change.
  5. Prices: prices quoted on website; prices changes on website; amounts inclusive or exclusive of VAT; website prices may be incorrect; delivery charges.
  6. Payments: payment of product prices; methods of paying prices; non payment of product prices; unjustified charge-backs.
  7. Deliveries: document governing deliveries; address for delivery; time for delivery of products; guaranteed delivery period; delivery location restriction.
  8. Distance contracts: cancellation right: cancellation right for consumers; cancellation right for products; exercise of cancellation right; return of products upon cancellation; refund upon distance contract for products cancellation; diminished value of product on cancellation; refund method; refund timing for products; products excluded from distance contracts right of cancellation.
  9. Warranties and representations: customer warranties and representations including delivery of products; seller warranties relating to products; no implied warranties or representations relating to sale of products.
  10. Limitations and exclusions of liability: caveats to limits of liability (with consumer protection); interpretation of limits of liability; no liability for force majeure; no liability for business losses; no personal liability; liability cap upon product sale.
  11. Order cancellation: cancellation by first party upon breach; cancellation by second party upon breach; cancellation by first party upon force majeure.
  12. Consequences of order cancellation: consequences of cancellation of contract to delivery products.
  13. Scope: document does not cover IP; document does not cover licensing; document does not cover services.
  14. Variation: revision of document by publishing new version on website; variations govern future contracts.
  15. Assignment: assignment by first party (with consumer rights); assignment by second party.
  16. No waivers: no unwritten waivers of breach; no continuing waiver.
  17. Severability: severability of whole; severability of parts.
  18. Third party rights: third party rights: benefit; third party rights: exercise of rights.
  19. Entire agreement: entire agreement - sale of products.
  20. Law and jurisdiction: governing law; jurisdiction.
  21. Statutory and regulatory disclosures: copy of document not filed; language of document; value added tax number; link to ODR website; name and URL of ADR provider.
  22. Our details: website operator name; company registration details; place of business; contact information.
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