- April 7, 2014
- by Alex O'Byrne
- 7 minute read
A clear set of terms and conditions is a vital step in your navigation and checkout process. We've compiled this example set of T&Cs that you can use as a guideline to create your own for your website.
It is common practice to add a link to the terms and conditions in the footer so that they are accessible from each website. You may also want to add a mandatory checkbox on your cart page before checkout: "(x) I have read the terms and accept them" (link to terms).
You can also use this terms & conditions generator, courtesy of Shopify.
Disclaimer: We are not lawyers! Seek legal advice before publishing this on your website. Please note: all information is written in template form with circle brackets for you to fill in the gaps.
1. Supplier identification
The first thing is that the customer needs to know who you are.
XYZ.co.uk is a site operated by (individual or company name with legal status, e.g. 'XYZ Ltd').
We are registered in (country of registration) under company number (your registration number) and with our registered office at (company address).
Our main trading address is: (trading address).
Our VAT number is (VAT number).
We are regulated by (...).
Explain to your customers how cookies are collected, stored, managed and used on your website.
(If Information Commissioners Office registered)
The website is owned by (...) and the data controller is (...).
We are registered with the Information Commissioners Office and our registration number is (...).
Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfillment.
- If you sign up to our newsletter we may use your email address to send you information about products or services.
- You can opt out of these at any point and you can ask for personal data to stop being recorded at any time.
Cookies & monitoring
Monitoring is important for your consumers to understand what information you are collecting from visits. It is important that you stress the reasons why you are monitoring this traffic. Remember to mention any 3rd party services you are using that may collect cookies also, such as Google Analytics.
- Strictly necessary cookies - These are cookies that are essential to the operation of our website.
- Analytical/performance cookie - These cookies allow us to recognise and count the number of visitors to our website.
- Functionality cookies - These cookies are used to recognise you when you return to our website.
- Targeting Cookies - These cookies record your visit to our website, the pages you have visited and the links you have followed.
We may monitor traffic to our site and collect the following information:
- The IP address of your computer.
- The referring website from which you have got to our website from.
The reasons for this are:
- To make ongoing improvements to our website based on this data.
- To see our most popular sources of business.
Disclosure of personal data
We may disclose your personal data:
- To other companies within our group.
- If we sell our business.
- To agents and service providers.
- In cases where we are required by law to pass on information or if we believe action is necessary for fraud, cyber crime or to protect the website, rights, personal safety of person/s.
We may also disclose aggregate statistics about visitors to our website (customers and sales) in order to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
If you are concerned about your data, you have the right, subject to the payment of a small fee to request access to personal data which may hold or process about you.
3. Product Information
Describe any conditions specific to your product such as the restriction of sale for age-restricted products and services.
4. Right to cancel
All customers have the right to cancel their orders under the The Distance Selling Regulations which gives consumers extra protection when buying online. Specific legislation here that applies is regulation of The Distance Selling Regulations.
You have the right to cancel the purchase of a good without having to give a reason at any time within the "cooling off period" of seven working days, beginning on the day after you receive the goods.
If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unles we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have canceled the contract.
We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.
You will not have any right to cancel a purchase for the supply of any of the following goods:
- for the supply of goods the price of which is dependent on fluctuations in the financial market which cannot be controlled by the retailer.
- for the supply of good made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
- for the supply of audio or video recordings or computer software if they are unsealed by you.
- for the supply of newspapers, periodicals or magazines.
- for gaming, betting or lottery services.
All notices you send us must be sent to the contact details on this site (link). We may give notice to you at either the email or postal address you provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.) In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.
These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.
For any more questions please do not hesitate to contact us, however we aren't lawyers as you hopefully know!
So for specific legislation and for more detailed regulations go to: www.legislation.gov.uk
With thanks to legislation.gov.uk for providing specific information on legislation.
Alex is Co-founder at We Make Websites, the go-to Shopify agency for global commerce. We Make Websites design, develop and optimise e-commerce websites for the fastest growing brands on the planet, with teams in London and New York. Alex is an international speaker on ecommerce, brand and business growth.