Website terms and conditions template: retail of sourced or made to order products
These are website terms and conditions for a online retailer that sells goods that are sourced, created or customised to order for individual customers. You may be buying specialist goods to order (such as high value perishables) that you want to ensure will be taken by the customer; or customising an existing product in such a way as to only have value to the customer (for example, custom engraving jewellery or embroidery); or creating a limited number of products for a specific use (such as made to measure clothing). These T&C comply with the Electronic Communications and Transactions Act 2002 and other consumer protection legislation allowing you to sell to businesses or consumers. The template is suitable for e-commerce sites that sell internationally.
- Solicitor approved
- Plain English makes editing easy
- Guidance notes included
- Money back guarantee
About this website terms and conditions template
This template allows you to create your own customised website terms and conditions of sale easily. These T&C are for online retailers that sell products that have been created, customised or sourced specifically to order. Not all of your products have to be such - the majority could be 'standard' products that are sold without alteration.
Using this document on your website will help you:
- set out clearly how your business works and what customers can expect
- present a professional image of your business. Our use of plain language helps ensure customers do not feel intimidated by overly formal or legalistic language.
- prevent misunderstandings and make solving disputes easier
- comply with consumer protection law (such as the Electronic Communications and Transactions Act 2002) if you sell to consumers without compromising your legal rights if you also sell to businesses
- protect your website from misuse (we include paragraphs that form an Acceptable Use Policy, useful if your visitors can interact with your website, for example, by posting reviews or exchanging messages in a customer forum)
- trade safely internationally, whether your customers are in the Republic of South Africa or further afield
Are these terms and conditions suitable for your business?
If you are able to identify your business by reading the points below, then this template should be suitable for you. We also list similar alternatives afterwards.
- a retailer, manufacturer, wholesaler
These T&C are suitable for businesses of all sizes. You may be a newly started sole trader with a single product or an established company selling thousands of different product lines.
- are other businesses or consumers (private individuals) or both
- are not further distributors or retailers of the product
Your customers could be located in any country. These terms and conditions include provisions for sale abroad as well as within the Republic of South Africa.
- the customer buys online, direct from your e-commerce enabled website
You are selling: any combination of the following:
- standard products in a condition ready for sale without further amendment;
- products that are created or customised to unique specifications given by the customer;
- products that require the customer to approve stages of design or production;
- physical goods (rather than downloaded products such as software).
We have other, more suitable templates (see the section below) if you sell:
- products that require on-going maintenance or additional service contracts;
- products that use software that you have developed;
- a contract for recurring orders that continues until the customer cancels it;
- services in addition to products.
Payment may be made:
- immediately on the web site (e.g. by credit card);
- by cheque or bank transfer;
- on a pre-arranged credit account.
Delivery could be any of the following:
- by your business;
- by post or courier;
- direct from a third party (such as the manufacturer);
- or, the customer may pick up the product from your premises;
Delivery could be in a single instalment or in multiple instalments.
Example businesses that would use these terms and conditions
- "Source to order" businesses that find specialist products on demand for customers
- Manufacturers that sell directly to end customers and make products to order
- Made to order online tailors, embroiderers and clothes retailers
- Print shops that take orders that are uploaded via a website (e.g. photograph printers)
- Greetings card retailers who print cards to order based on the customer's design
- Retailers of goods that are sourced, created or altered to the customer's specifications
- "Bricks and mortar" shops with an online presence
We sell other templates for businesses that sell goods via their website:
Website terms and conditions template: international sale of goods to business is suitable for a retailer, wholesaler or manufacturer that sells goods to businesses only.
E-commerce terms and conditions template: retailer of goods is suitable for a retailer that sells goods to other businesses and direct to consumers. This template is suitable for most online retailers. For example, you might sell computer components primarily to businesses, but also perhaps to private individuals.
Website terms and conditions template: retail of hardware and licensed software is suitable for a business that sells products that use software developed or owned by the seller. This template is likely to be suitable for a manufacturer of an electronic product sells directly to end customers, or for software house sells third party products with their software.
Website terms and conditions template: retailer of goods part designed by site visitors is suitable for a business that sells products that have been designed by site visitors. For example, site visitors may contribute their own artwork to be printed on products (such as clothing).
We assume that you do not sell to distributors or wholesalers or retailers. If you do, you will need different terms on delivery, risk, retention of title (ownership) and return.
We also have a large range of website terms and conditions templates suitable for other businesses.
If you are in any doubt as to which template you should choose, please contact us.
The law relating to terms and conditions of sale
The law in these T&C is largely common law that deals with the basics of contracts: offer, acceptance, price and payment, delivery, returns, dispute resolution, liabilities and risk. Provided you comply with the law, you can set the commercial terms you like.
This template complies with Electronic Communications and Transactions Act 2002, the Consumer Protection Act 2008, and other latest consumer protection legislation allowing you to sell to businesses or consumers.
Where statute law could apply, the T&C have been drawn then applies to specific circumstances, for example, we have included provisions to comply with the, but these are only relevant if the type of goods sold is electronic or electrical.
The website terms and conditions template includes provisions that cover:
- Identification of the parties;
- Offer and acceptance;
- Approval of samples or design and manufacture stages;
- Price and payment: including taxes, charges and foreign currency payments;
- Payment on credit accounts;
- Security of credit card information;
- Delivery: method, timing, delayed delivery, delivery in instalments;
- Foreign tax duties;
- Risk and retention of title;
- Liability for defects;
- Return of goods;
- Information provided by the customer: includes an acceptable use policy and an indemnity;
- Changes to information on your website;
- Protection of your intellectual property;
- Dispute resolution;
- Other miscellaneous legal provisions to protect you (warranties, exclusions, indemnities etc).
This document was written by a solicitor for Net Lawman. It complies with current South Africa law.
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