B2C Terms and Conditions of Sale template

Overview

Business-to-consumer terms and conditions of sale govern a trader's sales of goods, digital content or services to individual consumers, and are subject to significantly stricter statutory protections than a B2B equivalent. The Consumer Rights Act 2015 (CRA 2015) implies terms that goods must be of satisfactory quality, fit for purpose and as described, and gives a consumer a short-term right to reject faulty goods within 30 days for a full refund, followed by a right to a repair or replacement, and ultimately a price reduction or final right to reject if that does not resolve the fault. The CRA 2015 also renders any contract term unfair, and therefore not binding on the consumer, if it causes a significant imbalance in the parties' rights to the consumer's detriment, contrary to good faith, and requires all terms to be transparent and in plain, intelligible language. Where the sale is a distance sale (online, phone, or mail order) or made off business premises, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give the consumer a statutory 14-day cooling-off period in which to cancel for any reason and obtain a full refund, running from delivery for goods (with limited exceptions — e.g. bespoke or perishable goods, or digital content once download has begun with the consumer's express consent and acknowledgement that the cancellation right is lost). The trader must also give the consumer clear pre-contract information (total price, delivery costs, right to cancel, and trader identity) before the contract is concluded, failing which the cancellation period can be extended by up to 12 months. When to use it: for any trader selling goods, digital content or services directly to individual consumers, whether online or in person. Parties: the trader (who supplies the goods, digital content or services) and the consumer. Key clauses: pre-contract information (price, delivery, right to cancel, trader identity); price and payment; delivery timescale and risk transfer (risk generally stays with the trader until the goods are received by the consumer); the 14-day cancellation right and how to exercise it, with any applicable exceptions clearly flagged; statutory remedies for faulty goods under the CRA 2015 (short-term right to reject, repair/replacement, price reduction/final right to reject); complaints handling; and governing law (England and Wales) and the consumer's right to use the EU/UK online dispute resolution routes or the Citizens Advice consumer service. Pitfalls to avoid: attempting to exclude or restrict the CRA 2015 statutory remedies, which is void and unenforceable, however the term is worded; failing to give the required pre-contract cancellation information for distance sales, which can extend the cancellation window well beyond 14 days; and using vague or one-sided language that risks being struck out as an unfair term under the CRA 2015's fairness test.