Terms and Conditions
What is meant by Terms and Conditions?
If you are supplying goods or services to your customers then you will be required to put in place contractual terms and conditions between yourself and your customer stating the required workings and contractual provisions of your business.
The document will not be limited to being called Terms and Conditions but can also be entitled “Terms of Sale”, “Sale Contract”, “Business Terms” and in actual fact can be termed whatever is wished by the business providing the goods or services.
As is often the case with terms and conditions they are simply provided to the customer without the opportunity for the customer to amend them. An example of this is during internet transactions whereby a customer will be unable to purchase the products unless they tick the requisite box stating that they have read and are aware of the terms and conditions. This is often seen as a take it or leave it provision.
In certain cases when providing terms and conditions of sale to clients there is the opportunity for the client or consumer to negotiate the terms. If this is the case then this may be termed a consultancy document or a document of sale and will not strictly be a set of terms and conditions.
What is the purpose of a Terms and Conditions document?
Each business providing goods and services will need to draw up a complete terms and conditions document to ensure the following:
To provide full details of what may have been agreed
To make the customer aware of all the inflexible terms under which you will accept business
To define the parameters of the contract
To define the procedures by which you will accept business
To fully protect your business and your rights
To limit your liability under the contract
To provide any other important provisions such as payment and cancellation procedures
Which contractual provisions should form the basis of my terms and conditions of sale?
The product that you are selling must be clearly described within the terms and conditions document or alternatively by referencing another document or a specific area on your website.
For more information on:
- Pricing – Fixed Price, Price Increases and Changes
- Payment Provisions
- Insurance Policy
- Termination or Cancellation Provisions
- Limitation of Liability
- Data Protection
- Dispute Resolution