Terms and conditions – sale of goods and supply of services to consumers (from a premises) (B2C)

What are terms and conditions for the sale of goods and supply of services to consumers and when should you use them?

These terms and conditions are for the sale of goods and supply of services to consumers (also known as T&Cs).

They will protect your business interests, ensure that customers know where they stand and help avoid disputes.

You should read our guide to choosing the right terms and conditions for your business which will help you decide what terms and conditions your business needs.

Alternatively you can view our short video

If your business sells goods and services to consumers (B2C) from a premises e.g. in a shop, or as part of a home business, then you should use these terms and conditions.

They are designed to be straightforward and comprehensive.

They cover key issues such as orders, delivery, pricing, payment, guarantees, cancellation, liability and data protection.

Use these terms and conditions for sale of goods and services to consumers when:

• selling goods and services to customers not acting in the course of a business (i.e. consumers)
• selling from your business premises only

You should not use these terms and conditions if you are selling goods and services to consumers online from your website.

You will need our website terms and conditions for this scenario:

Website terms and conditions for the sale of goods and supply of services to consumers

You do not need to use these terms and conditions if you offer goods on a daily basis which are sold immediately when the contract is entered into (e.g. groceries or newspapers).

These terms relate to the sale of goods and supply of services only (from a premises).

If you sell goods only or services only, then you’ll need a different set of terms as follows:

Terms and conditions for the sale of goods to consumers

Terms and conditions for the supply of services to consumers

An ‘on premises’ sale is anything which does not fall within the definitions of ‘off-premises’ sale or ‘distance’ sale, both of which are explained below.

This typically means that if you sell to a customer in your shop, then the sale will be ‘on-premises’.

However, you will still need to check that how you sell and enter into a contract with a customer does not fall within any of the definitions below.

You supply goods to consumers off-premises if:

1. you enter into the contract at a place where you are both present, which is not your business premises, or
2. where an offer to buy your products is made to you by the customer, where you are both present, and in a place which is not your business premises, or
3. you enter into a contract that is agreed at your business premises, or via distance communication, immediately after a meeting with the customer at a place which is not your business premises, or
4. you enter into a contract with the customer during an excursion which you organise in order to sell them goods.

If you do any of these above 4 activities, then you’ll need one of our templates for B2C terms and conditions for off-premises.

You supply goods and services to consumers via ‘distance selling’ if you enter into the contract (and negotiate and agree it) entirely remotely, whether by telephone, catalogue or internet.

When a business deals with a consumer, the consumer benefits from considerable legal protection or ‘statutory rights’.

Compliance with consumer rights must be integral to the way the seller operates.

You cannot legally change or exclude statutory rights, which belong to the consumer.

The words ‘your statutory rights are not affected’ are often used to ensure that this is understood by the consumer.

Some rights are that the goods:

• are of satisfactory quality
• are fit for their intended purpose
• match the description that was used to advertise or sell the goods to the consumer

Please make sure that you have chosen the correct template as there are many to choose from.

If you sell to consumers but via a website, then you’ll need one of the following templates:

• Website terms and conditions for the sale of goods (B2C)
• Website terms and conditions for the sale of goods and services (B2C)
• Website terms and conditions for the supply of services (B2C)
• Website terms and conditions for the sale of digital content to consumers (B2C)
• Website terms and conditions for the sale of goods and digital content to consumers (B2C)
• Website terms and conditions for the sale of made to order goods to consumers (B2C)