Terms And Conditions

Online shop terms and conditions: cover

  1. This template legal document was produced and published by SEQ Legal LLP.
  2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions.
  3. The current version of our terms and conditions is available at: https://www.website-contracts.co.uk/our-terms-and-conditions.html.
  4. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.
  5. If you have any doubts about the editing or use of this template, you should seek professional legal advice.
  6. You may be able to get free legal guidance using our public Q&A system, available at: https://seqlegal.com/questions.
  7. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: https://seqlegal.com/request-quote.

 

 

Terms and conditions of use

  1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

  1. Copyright notice

2.1    Copyright (c) 2020 of first publication Shop4people.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Permission to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)     print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)    stream audio and video files from our website using the media player on our website; and

(e)    use our website services by means of a web browser,

additional list items

         subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal and business purposes OR define purposes; you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)     show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

  1. Misuse of website

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)     hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)     use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)     access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)    use our website except by means of our public interfaces;

(l)     violate the directives set out in the robots.txt file for our website;

(m)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

additional list items

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Products

5.1    The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

5.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.3    Prices stated on our website may be stated incorrectly.

5.4    The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

5.5    Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.

  1. Registration and accounts

6.1    To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.

6.2    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3    You must not allow any other person to use your account to access the website.

6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5    You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

  1. User login details

7.1    If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.

7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3    You must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

8.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)     edit your account details,

         at any time in our sole discretion with or without notice to you.

8.2    We will usually cancel an account if it remains unused for a continuous period of 18 months.

8.3    You may cancel your account on our website using your account control panel on the website.

  1. Our rights to use your content

9.1    In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.

9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Rules about your content

10.1  You warrant and represent that your content will comply with these terms and conditions.

10.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)     infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)     constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

         (l)     depict violence in an explicit, graphic or gratuitous manner;

(m)   be pornographic, lewd, suggestive or sexually explicit

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)     cause annoyance, inconvenience or needless anxiety to any person.

 

  1. Report abuse

11.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

11.2  You can let us know about any such material or activity by email or using our abuse reporting form.

  1. Limited warranties

12.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)     that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

 

12.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.3  To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

13.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)     limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

13.2  The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a)    are subject to Section 13.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Breaches of these terms and conditions

14.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)     permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)     commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

 

14.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account).

  1. Third party websites

15.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

15.2  We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Trade marks

16.1  Identify trade marks, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

16.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  1. Variation

17.1  We may revise these terms and conditions from time to time.

17.2  [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

17.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if yu do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

  1. Assignment

18.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

18.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

19.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

20.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

21.1  Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

22.1  These terms and conditions shall be governed by and construed in accordance with English law.

22.2  Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts ofEngland].

  1. Statutory and regulatory disclosures

23.1  We are registered in trade register; you can find the online version of the register at URL, and our registration number is number.

23.2  We are subject to authorisation scheme, which is supervised by supervisory authority.

  1. Our details

24.1  This website is owned and operated by Damian Cakala.

24.2  We are registered in England and Wales under registration number [number], and our registered office is at 243a carr road UB54RL London.

24.3  Our principal place of business is at 243a carr road UB54RL.

24.4  You can contact us:

(a)    243a carr road UB54RL Northolt London;

(b)    [using our website contact form];

(c)     [by telephone, on [the contact number published on our website]]; or

(d)    [by email, using [the email address published on our website]].

[additional list items]

 

 

Online shop terms and conditions: drafting notes

These terms and conditions can be used to regulate the relationship between a web store operator and users of that web store. They should be used in combination with terms and conditions governing the sale of products, and a website privacy policy.

This document is an adapted version of our standard website terms and conditions document. It includes all the main provisions of that standard document and, in addition, a special section relating to products offered for sale on a website.

That special section includes: (i) a notification that the publication of product details on the website amounts to an “invitation to treat” rather than a contractual offer; (ii) a warning that products may change from time to time; (iii) a notice regarding price variations; (iv) a reference to the terms and conditions that will govern the contract of sale in the event that the user makes a purchase; and (v) confirmation that any product reviews submitted by the user are subject to the standard user content provisions in the terms and conditions.

Section 1: Introduction

Sometimes, there will be a contractual relationship between a website operator and a website user; other times, there will not.

Where there is no contractual relationship, legal notices can still have legal effects. For instance, licences of intellectual property rights and disclaimers of liability may be legally effective where there is no contract. Moreover, statutory and regulatory disclosure obligations can be fulfilled by means of legal notices irrespective of whether a contract subsists.

If however an operator is selling something to users, or wants to impose positive obligations upon users, or wants to institute prohibitions that are extraneous to any licence of intellectual property rights, a contractual relationship will usually be necessary.

To help ensure that a terms and conditions document is properly incorporated into a contract, the document should be expressly accepted by the user.

Common methods of gaining acceptance include: (a) incorporating a statement next to a submit button providing that, by pressing the submit button, the user agrees to the document; (b) using a checkbox to gain consent, and blocking registration form submission if the checkbox has not been checked; and (c) requiring users to scroll through the document, and click an “agree” button after doing so.  

In all cases, the document should be available to users at the point of acceptance, either on screen or via a hyperlink. If a contractual document includes unusual and/or potentially controversial provisions, it may be necessary to bring these to the particular attention of users.

In general, you should not ask users to affirm that they have actually read a legal document – almost none will do so, and the reading of the document is not a precondition to its incorporation into the contract.

Section 1.2

Optional element.

The completed document should be easily accessible on the website, with a link from every page.

Section 1.3

Optional element. Will all or any website users give their express consent to the terms of this document?

Ideally, from a legal perspective, all users would be asked to expressly agree to the terms of the document. However, in practice, express consent is rarely sought from casual website visitors. On the other hand, it is easy to obtain the express consent of users who register with the website or purchase anything on the website, eg by clicking “I accept” on an electronic version of the document. You should retain evidence of the acceptance of the document terms by each such user.

Under what circumstances will users be asked to give their express consent to the terms of this document?

Section 1.4

Optional element. Are there any age restrictions on the use of the website?

The use of websites by minors can be legally problematic. There are a number of different legal issues. For example, under English law, contracts may be unenforceable against minors. Another issue concerns data protection. The law of data protection imposes additional burdens in relation to the processing of any personal data of a minor and personal data provided by a minor. The effects of the law of indecency may also depend upon whether a website is accessible by minors. Obviously, the inclusion of a requirement in your terms and conditions that minors refrain from using a website is no guarantee that they will do so. Where your website is directed at, or likely to be used by, minors, we recommend that you seek specialist legal advice.

What is the minimum age for website users?

Section 2: Copyright notice

A copyright notice is an assertion of ownership.

Copyright notices usually take the form specified in Article 3(1) of the Universal Copyright Convention (although the UCC itself is now of very limited significance):

“Any Contracting State which, under its domestic law, requires as a condition of copyright, compliance with formalities such as deposit, registration, notice, notarial certificates, payment of fees or manufacture or publication in that Contracting State, shall regard these requirements as satisfied with respect to all works protected in accordance with this Convention and first published outside its territory and the author of which is not one of its nationals, if from the time of the first publication all the copies of the work published with the authority of the author or other copyright proprietor bear the symbol © accompanied by the name of the copyright proprietor and the year of first publication placed in such manner and location as to give reasonable notice of claim of copyright.”

It will be rare for a website owner to be the sole proprietor of all the copyright in a website. For example, the software code used to run the website may belong to another person. For this reason, the notice here refers also to licensors.

Universal Copyright Convention – http://portal.unesco.org/en/ev.php-URL_ID=15381&URL_DO=DO_TOPIC&URL_SECTION=201.html

Berne Convention for the Protection of Literary and Artistic Works – https://wipolex.wipo.int/en/text/283698

Section 2.1

What was the year of first publication of the relevant copyright material (or the range of years)?

Who is the principal owner of copyright in the website?

Section 3: Permission to use website

Every website is a compendium of copyright-protected works. These may include literary works, (website text, HTML, CSS and software code), graphic works (photographs and illustrations), databases, sound recordings and films.

The most fundamental principle of copyright law is that a person may not copy a protected work without permission. Using a website involves copying some or all of the works comprised in the website. Accordingly, a user needs permission to use a website. A “licence” is just such a permission.

In most if not all cases, by publishing a website a person will be granting an implied licence to website visitors to copy of the website. The problem with an implied licence is that the scope of the licence is inherently uncertain. Is the visitor permitted to download the entire website? Is the visitor permitted to reproduce elements of the website elsewhere?

Because of this uncertainty, most publishers will include an express licence setting out exactly what visitors are permitted to do in relation to a website and, just as important, what they are not permitted to do.

The scope of the licence will vary. In editing these provisions, consider carefully exactly what your users should be allowed to do with the website and material on the website.

Chapter II, Part I, Copyright, Designs and Patents Act 1988 – https://www.legislation.gov.uk/ukpga/1988/48/part/I/chapter/II/crossheading/the-acts-restricted-by-copyright

Section 3.1

Will audio and/or video files be published on the website?

Will the website make available any dynamic services to users?

Describe the website services in question.

Section 3.2

Optional element.

Section 3.3

Optional element.

For what purposes may the website be used?

Section 3.4

Optional element.

Section 3.6

Optional element. Are users permitted to redistribute any specific content from the website (eg newsletters)?

What types of content are redistributable?

In what formats may redistributable content be redistributed?

To whom may redistributable content be redistributed?

Section 4: Misuse of website

Section 4.1

Should automated interactions with the website be prohibited?

Will the website incorporate a robots.txt file?

Should users be prohibited from using the website for direct marketing activity?

Section 4.2

Optional element. Should the use of data collected from the website to contact people and businesses be prohibited?

Section 4.3

Optional element.

What standard of veracity etc should user-submitted content meet?

Section 5: Products

Section 5.3

Optional element. Is there any possibility that prices may be incorrectly stated on the website (eg because of a large number of products being offered and prices being added manually)?

Section 5.4

What is the name of the document governing product sales?

Section 5.5

Optional element. Will customers be able to submit product reviews for publication on the website?

Section 6: Registration and accounts

Does the website allow users to register for an account?

Section 6.1

Optional element. Do any eligibility criteria apply to account registration?

What eligibility criteria apply?

Section 6.2

How do users register with the website?

Section 6.3

Optional element. Will users be permitted to share their accounts?

Section 6.4

Optional element.

Section 6.5

Optional element.

Are users permitted to use another person’s account on the website with the permission of that other person?

Section 7: User login details

Optional element.

Section 7.1

How will users’ login details be generated?

What account credentials will users have upon account creation?

Section 7.2

Optional element.

Section 7.3

Optional element.

Section 7.4

Optional element.

Section 7.5

Optional element.

Section 8: Cancellation and suspension of account

Optional element.

Ensure that the account handling provisions in these terms and conditions are consistent with your privacy policy, including the personal data retention and deletion provisions in that policy.

Section 8.1

Which of these general rights over user accounts does the website operator have?

Section 8.2

Optional element.

Section 8.3

How can a user cancel his or her account on the website?

Section 9: Our rights to use your content

Optional element.

Section 9.1

Define “your content”.

Section 9.2

What type of licence do users grant to the website operator?

What does the licence allow the website operator to do with user content?

Section 9.4

Optional element. Should the website operator be granted a right to bring proceedings in respect of third party infringements?

Section 9.5

Optional element. Should users be asked to waive their moral rights (such as the right of paternity and the right to object to derogatory treatment) in the content they submit to the website?

Section 9.6

Optional element. Can users edit their own content after it has been posted to the website?

Section 10: Rules about your content

Optional element.

Section 10.2

This very general prohibition against unlawful user content may be supplemented by rules relating to specific kinds of illegality, as well as prohibitions upon lawful but undesirable content.

Section 10.3

Optional element.

Section 11: Report abuse

Will there be a special procedure (which could be as simple as a designated email address) for reporting abusive conduct or materials on the website?

Websites that allow the publication of user generated content should incorporate an abuse reporting procedure. The existence of such a procedure may help the website operator to take advantage of certain defences that may be available in respect of such user generated content. For instance, the website operator defence set out in Section 5 of the Defamation Act 2013 and elaborated in the Defamation (Operators of Websites) Regulations 2013 will only be available where the operator has responded to a notice of complaint sent by the complainant, a process which may be made simpler by the use of a dedicated communications channel. The guidance notes accompanying the legislation have this to say on the subject: “The Government encourages operators to set up and publicise a designated email address for this purpose as a matter of good practice, which we encourage complainants to use. Operators may also wish to provide an online form that complainants can use to submit a Notice of Complaint”.

Defamation Act 2013 – https://www.legislation.gov.uk/ukpga/2013/26

Defamation (Operators of Websites) Regulations 2013 – https://www.legislation.gov.uk/uksi/2013/3028/made

Section 11.2

Optional element.

How can users report unlawful and unwanted materials and activities on the website?

Section 12: Limited warranties

Optional element.

Section 12.1

Optional element.

Section 12.2

Optional element.

Section 13: Limitations and exclusions of liability

Contractual limitations and exclusions of liability are regulated and controlled by law, and the courts may rule that particular limitations and exclusions of liability in contracts are unenforceable.

The courts are particularly likely to intervene where a party is seeking to rely on a limitation or exclusion of liability in its standard terms and conditions, but will also sometimes intervene where a term has been individually negotiated. The courts may be more likely to rule that provisions excluding liability, as opposed to those merely limiting liability, are unenforceable. If there is a risk that any particular limitation or exclusion of liability will be found to be unenforceable by the courts, that provision should be drafted as an independent term, and be numbered separately from the other provisions. It may improve the chances of a limitation or exclusion of liability being found to be enforceable if the party seeking to rely upon it specifically drew it to the attention of the other party before the contract was entered into.

Exclusions and limitations of liability in UK contracts are primarily regulated by the Unfair Contract Terms Act 1977 (“UCTA”). Contracts regulated by UCTA cannot exclude or restrict a party’s liability for death or personal injury resulting from negligence (Section 2(1), UCTA). Except insofar as the relevant term satisfies the requirements of reasonableness, such contracts cannot exclude or restrict liability: (i) for negligence (which includes a breach of an express or implied contractual obligation to take reasonable care or exercise reasonable skill) (Section 2(2), UCTA); or (ii) for misrepresentation (Section 3, Misrepresentation Act 1967). In addition, if a contract is regulated by UCTA, and one of the parties is dealing on the other’s written standard terms of business, then except insofar as the relevant contractual term satisfies the requirements of reasonableness the other party cannot: (i) exclude or restrict his liability in respect of a breach of contract; or (ii) claim to be entitled to render a contractual performance substantially different from that which was reasonably expected of him; or (iii) claim to be entitled, in respect of the whole or any part of his contractual obligation, to render no contractual performance at all (see Section 3, UCTA). UCTA includes various other restrictions, particularly in the case of contracts for the sale of goods and contracts under which possession or ownership of goods passes.

If you wish to try to limit/exclude for liability in respect of reckless, deliberate, personal and/or repudiatory breaches of contract, you may wish to specify this in relation to the relevant provision (for example, using the following wording: “The limitations and exclusions of liability in this Clause [number] will apply whether or not the liability in question arises out of any reckless, deliberate, personal and/or repudiatory conduct or breach of contract”).

Somewhat different rules apply to limitations of liability in contracts with consumers, and these provisions should not be used in relation to such contracts.

These guidance notes provide a very incomplete and basic overview of a complex subject. Accordingly, you should take legal advice if you may wish to rely upon a limitation or exclusion of liability.

Unfair Contract Terms Act 1977 – https://www.legislation.gov.uk/ukpga/1977/50

Section 13.1

Do not delete this provision (except upon legal advice). Without this provision, the specific limitations and exclusions of liability in the document are more likely to be unenforceable.

Section 13.3

Optional element. Do you want to attempt to exclude all liability for free services and information?

This sort of exclusion is quite common, but unlikely to be enforceable in court.

Section 13.5

Optional element.

Section 13.6

Optional element.

Section 13.7

Optional element.

Section 13.8

Optional element. If the website operator is a limited liability entity (eg a limited company), do you want to expressly exclude liability on the part of officers and employees?

Section 14: Breaches of these terms and conditions

Section 14.1

Will account suspension or deletion be a possibility here?

Section 14.2

Optional element.

Do you wish to specify types of action that are prohibited here?

Detail the types of action which are prohibited by this provision.

Section 15: Third party websites

Optional element.

Section 16: Trade marks

Do any trade marks (registered or unregistered, yours or someone else’s) appear on your website?

Trade marks may be registered or unregistered. It is a criminal offence under Section 94 of the Trade Marks Act 1994 to falsely represent that a trade mark is registered. Accordingly, you must not use the (R) symbol in relation to unregistered trade marks.

Trade Marks Act 1994 – https://www.legislation.gov.uk/ukpga/1994/26

Section 16.1

It is customary in legal documents to identify specific trade marks using capital letters (eg TRADE MARK) and, in the case of registered marks, registration particulars (eg UK trade mark registration number 000001 for TRADE MARK).

Please identify your trade marks, by reference to registration particulars in the case of registered trade marks.

Section 16.2

Optional element. Will or might any third party trade marks be reproduced on the website?

Section 17: Variation

Changes to legal documents published on a website will not generally be retrospectively effective, and variations without notice to and/or consent from relevant users may be ineffective.

Section 17.2

Will website users be notified of changes to the document?

Section 17.3

Optional element. Will registered users be required to consent to variations?

Section 18: Assignment

Optional element.

Section 19: Severability

Optional element.

Section 20: Third party rights

Optional element.

This provision is designed to exclude any rights a third party may have under the Contracts (Rights of Third Parties) Act 1999.

Contracts (Rights of Third Parties) Act 1999 – https://www.legislation.gov.uk/ukpga/1999/31

Section 21: Entire agreement

Section 21.1

What other documents govern the use of the website?

Section 22: Law and jurisdiction

The questions of which law governs a document and where disputes relating to the document may be litigated are two distinct questions.

Section 22.1

This document has been drafted to comply with English law, and the governing law provision should not be changed without obtaining expert advice from a lawyer qualified in the appropriate jurisdiction. In some circumstances the courts will apply provisions of their local law, such as local competition law or consumer protection law, irrespective of a choice of law clause.

Which law should govern the document?

Section 22.2

In some circumstances your jurisdiction clause may be overridden by the courts.

Should the jurisdiction granted be exclusive or non-exclusive? Choose “non-exclusive” jurisdiction if you may want to enforce the terms and conditions against users outside England and Wales. Otherwise, choose “exclusive jurisdiction”.

The courts of which country or jurisdiction should adjudicate disputes under the document?

Section 23: Statutory and regulatory disclosures

Do the Electronic Commerce (EC Directive) Regulations 2002 apply to the website or is the website operator registered for VAT?

This section can be deleted where website operator is not registered for VAT and the Electronic Commerce (EC Directive) Regulations 2002 do not apply. Generally, those Regulations will apply unless a website is entirely non-commercial, ie where a website does not offer any goods or services and does not involve any remuneration (which includes remuneration for carrying AdSense or other advertising).

Electronic Commerce (EC Directive) Regulations 2002 (original version) – https://www.legislation.gov.uk/uksi/2002/2013/made

Section 23.1

Optional element. Is the website operator registered in a trade or similar register that is available to the public?

The Electronic Commerce (EC Directive) Regulations 2002 provide that if you are “registered in a trade or similar register available to the public”, you must provide “details of the register in which the service provider is entered and his registration number, or equivalent means of identification in that register”.

What is the name of the trade register?

At what URL can the trade register be found?

What is the website operator’s registration number?

Section 23.2

Optional element. Is the website operator subject to an authorisation scheme (eg under financial services legislation)?

The Electronic Commerce (EC Directive) Regulations 2002 provide that “where the provision of the service is subject to an authorisation scheme” you must provide “the particulars of the relevant supervisory authority”.

What is the name of the authorisation scheme to which the website operator is subject?

What authority supervises the authorisation scheme?

Section 23.3

Optional element. Is the service provider a member of a regulated profession (eg solicitors)?

The Electronic Commerce (EC Directive) Regulations 2002 provide that if “the service provider exercises a regulated profession”, it must provide “(i) the details of any professional body or similar institution with which the service provider is registered; (ii) his professional title and the member State where that title has been granted; (iii) a reference to the professional rules applicable to the service provider in the member State of establishment and the means to access them”.

What is the website operator’s professional title?

Which professional body regulates the website operator?

What is the name of the document containing the rules governing the profession?

At what URL can the rules be found?

Section 23.4

Optional element. Does the website operator subscribe to any codes of conduct?

The Electronic Commerce (EC Directive) Regulations 2002 provide that “a service provider shall indicate which relevant codes of conduct he subscribes to and give information on how those codes can be consulted electronically”.

Identify the codes of conduct in question.

Where can the codes be viewed?

Section 23.5

Optional element. Is the website operator registered for VAT?

What is the website operator’s VAT number?

Section 24: Our details

Optional element.

UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites (although not necessarily in this document).

Sole traders and partnerships that carry on a business in the UK under a “business name” (ie a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain website disclosures: (a) in the case of a sole trader, the individual’s name; (b) in the case of a partnership, the name of each member of the partnership; and (c) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective.

All websites covered by the Electronic Commerce (EC Directive) Regulations 2002 must provide a geographic address (not a PO Box number) and an email address.

All website operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.

Electronic Commerce (EC Directive) Regulations 2002 (original version) – https://www.legislation.gov.uk/uksi/2002/2013/made

Provision of Services Regulations 2009 – https://www.legislation.gov.uk/uksi/2009/2999

Section 24.1

What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 24.2

Optional element. Is the relevant person a company?

In what jurisdiction is the company registered?

What is the company’s registration number or equivalent?

Where is the company’s registered address?

Section 24.3

Optional element.

Where is the relevant person’s head office or principal place of business?

Section 24.4

Optional element.

By what means may the relevant person be contacted?

Where is the relevant person’s postal address published?

Either specify a telephone number or give details of where the relevant number may be found.

Either specify an email address or give details of where the relevant email address may be found.

Delivery policy

  1. Introduction

1.1    In this policy we set out details of the delivery methods, periods and charges that apply to orders for our products made through our website or by telephone or email.

1.2    This policy is a legally binding document, and this policy shall form part of the contract of sale between you and us made under our terms and conditions of sale. OR This policy shall not create legally enforceable rights and obligations; rather, our usual practice in relation to the delivery of products is indicated in this policy.

  1. Free delivery

2.1    We offer free standard delivery to all mainland UK addresses on all orders over GBP 20 (including VAT).

2.2    All other orders will be subject to delivery charges as detailed in Section 5.

  1. Geographical limitations

3.1    We will usually be able to deliver to the following countries and territories: England, Scotland, Wales and Northern Ireland.

3.2    We may from time to time agree to deliver products to other countries and territories.

  1. Delivery methods and periods

4.1    The methods that we use to deliver our products, and the time periods within which delivery is usually completed, are as follows:

(a)    if your delivery address is on the United Kingdom mainland, you will be able to select identify delivery method, and the typical period for delivery of products by this method is 3 working days.

additional list items

4.2    If you place your order by 4pm GMT/BST  on a working day, these time periods run from the close of business on that day; if you place your order after 4pm GMT/BST on a working day, or on a non-working day, these time periods run from the close of business on the next following working day.

4.3    The delivery periods set out in this Section 4 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.

4.4    We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.

  1. Delivery charges

5.1    Delivery charges will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us.

5.2    Applicable delivery charges will depend upon the delivery method you select, the location of the delivery address, and the size and weight of the products in your order.

5.3    Our delivery charges are as follows:

(a)    in respect of identify delivery method, delivery charges will be detail charges.

additional list items

  1. Delivery tracking

6.1    Delivery tracking is available in respect of all orders for our products.

6.2    To track your delivery, enter your order number (which is provided in your order confirmation email) into our delivery service provider’s website here: URL.

  1. Receipt and signature

7.1    All deliveries must be received in person at the delivery address, and a signature must be provided.

7.2    Our delivery service provider will notify you in advance of attempting to make a delivery requiring signature.

  1. Additional deliveries

8.1    If an initial delivery attempt is unsuccessful, our delivery service provider will make at least 1 more attempt to deliver the products in your order.

  1. Collection

9.1    If your products remain undelivered despite our delivery service provider making at least 1 more attempt to deliver them, the delivery service provider will leave a card at your address, with instructions on how you may collect your products, including a time limit for collection.

  1. Delivery problems

10.1  If you experience any problems with a delivery, please contact us using the contact details that we publish on our website or otherwise notify to you.

10.2  If our delivery service provider is unable to deliver your products, and such failure is your fault, and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).

10.3  An indicative list of the situations where a failure to deliver will be your fault is set out below:

(a)    you provided the wrong address for delivery;

(b)    there is a mistake in the address for delivery that was provided;

(c)     the address for delivery is not reasonably accessible;

(d)    the address for delivery cannot safely be accessed;

(e)    if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or

(f)     if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.

 

 

Delivery policy: drafting notes

This is a standard delivery policy or shipping policy, designed for use in relation to an ecommerce site, although it can easily be adapted for any business that involves the delivery of goods. It is designed with B2C and small B2B deliveries in mind, rather than large B2B shipments.

The delivery policy is one document that many customers will read, so it is important that it is clear and helpful. This template has been designed to be flexible, able to cope with the requirements of different products and carriers.

This template should be used in conjunction with a set of terms and conditions of sale which should incorporate, or should be supplemented by, a returns policy. You must ensure that all these documents are consistent.

A copy of the delivery policy template is included in each of our online shop packs

Section 1: Introduction

Section 1.1

Will this document cover sales other than those through the website?

What additional types of sales will be covered by the document?

Section 1.2

Consider whether the delivery policy will create legally enforceable rights and obligations. The decision depends somewhat upon the contents of your terms and conditions of sale. Ensure that this document is consistent with those terms and conditions. You may for instance need to reference this document in the “entire agreement” clause of the terms and conditions.

Is the document legally binding?

What is the name of the document that governs the sale of products?

Section 2: Free delivery

Does the website operator offer free-of-charge delivery of products (whether generally or on specific orders)?

Section 2.1

What type or method of delivery is or may be free?

What geographical limits apply to free delivery?

What specific types of order may benefit from free delivery?

Section 3: Geographical limitations

Section 3.1

Is the website operator always able to deliver to certain countries and territories?

To which particular countries and territories may goods be delivered?

Section 3.2

Optional element. Will the website operator ever agree to deliver to countries and territories outside the standard delivery limitations?

Section 4: Delivery methods and periods

Section 4.1

Specify the conditions for this delivery method.

Identify the delivery method in question.

Specify the time period for this delivery method.

Section 4.2

Optional element.

When is the cut-off for the purposes of timing delivery periods?

Section 4.3

Optional element.

Section 4.4

Optional element.

Section 5: Delivery charges

Section 5.1

How will the customer be made aware of delivery charges?

Section 5.2

Optional element.

What factors affect delivery charges?

Section 5.3

Optional element. Do you wish to specify delivery charges in this document?

What is the name of the delivery method in question?

Provide details of the charges payable in respect of the identified delivery method.

Section 6: Delivery tracking

Will deliveries be trackable online by the customer?

Section 6.1

What categories of order benefit from delivery tracking?

Section 6.2

What code or number may be used to track deliveries?

At what URL can deliveries be tracked?

Section 7: Receipt and signature

Will any or all deliveries require a signature from the customer?

Section 7.1

What deliveries must be received in person and acknowledge by signature?

Section 7.2

Optional element. Will customers be notified in advance of a delivery requiring signature?

Section 8: Additional deliveries

In the case that a first delivery is unsuccessful, will a second delivery be attempted?

Section 8.1

How many additional delivery attempts will be made?

Section 9: Collection

If the delivery service provider is not able to deliver, will the customer be able to collect the goods from the delivery service provider’s premises or elsewhere?

Section 10: Delivery problems

Should the document include a procedure for dealing with problematic deliveries (e.g. where the delivery service provider is unable to deliver the goods)?

Section 10.1

What contact details should be used to report delivery problems?

Section 10.2

Optional element.

Section 10.3

Optional element.

Returns policy: cover

  1. This template legal document was produced and published by Docular Limited.
  2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions.
  3. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.
  4. If you have any doubts about the editing or use of this template, you should seek professional legal advice.
  5. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: https://docular.net/pages/contact.

 

 

Returns policy

  1. Introduction

1.1    We understand that from time to time you may wish to return a product to us.

1.2    We have created this policy to enable you to return products to us in appropriate circumstances.

1.3    This policy shall apply to all of our customers, irrespective of their geographical location.

1.4    This policy shall apply to all orders submitted through our website.

1.5    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

  1. Returns

2.1    If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:

(a)    we receive the returned product within 14 days following the date of dispatch of the product to you;

(b)    the returned product is unused, in its original unopened packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new.

(c)     you comply with the procedure set out in this policy in relation to the return of the product; and

(d)    none of the exclusions set out in this policy apply.

  1. Returns procedure

3.1    In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.

3.2    Products returned under this policy must be sent by Royal Mail Signed For delivery to (address on delivery box)

3.3    You will be responsible for paying postage costs associated with returns under this policy.

  1. Exclusions

4.1    The following types of product may not be returned under this policy:

(a)    food, drink and any other products liable to deteriorate within the period of 3 months following dispatch;

(b)    DVDs, CDs and other audio or video or audio-visual recordings;

(c)     computer software (whether on CD-ROM, DVD-ROM or otherwise);

(d)    newspapers, periodicals, magazines or similar products;

(e)    toiletries and cosmetics;

(f)     any product made to your specification;

(g)    any product made to order;

(h)    gift vouchers.

  1. Refunds

5.1    We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.

5.2    We will not refund to you the original delivery charges relating to the returned product.

5.3    We will not refund to you any costs you incur in returning the product to us.

5.4    We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

5.5    We will process the refund due to you as soon as possible and, in any event, within 14 days following the day we receive your returned product.

  1. Improper returns

6.1    If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)    we will not refund the purchase price or exchange the product;

(b)    we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)     if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

  1. Our details

7.1    This website is owned and operated by Damian Cakala.

7.2    Our principal place of business is at 243a carr road UB54RL London.

7.3    You can contact us:

(a)    by post, to the postal address given above;

(b)    using our website contact form;

(c)     by telephone, on the contact number published on our website; or

(d)    by email, using the email address published on our website.

 

 

 

Returns policy: drafting notes

This returns policy template gives customers the right to return products in those cases where a right of return is not mandated by law. Using the returns policy template, the seller can define the precise circumstances in which products may be returned and the procedure to be followed by customers when doing so. The policy can be used in relation to B2B and B2C sales.

Why should a seller offer rights to customers going beyond those mandated by law? The most obvious reason is that a generous returns policy may build trust, increasing shopper confidence and therefore sales. In addition, a policy that clearly defines customers’ rights will reduce the scope for disputes with customers.

When editing this template returns policy, you will need to decide whether the right to return products applies to all customers, or only a subset. For instance, does it apply only to customers situated in your home jurisdiction? Does it apply to all categories of product?

You will also need to decide the conditions that apply to returns. How long to customers have to return products following purchase? Must the product be in its original, unopened packaging?

If a customer returns a product in accordance with the policy, the customer is entitled to a refund. The refund may or may not include the original delivery charges. Conversely, the returns policy template makes it clear that products returned otherwise than in accordance with the policy will not result in a refund.

To be clear: this template covers discretionary return rights, not those mandated by law. For instance, it does not cover rights to return under the European distance selling rules (in the U.K., these rules are set out in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). Our terms and conditions of sale templates include provisions covering mandatory return rights.

Section 1: Introduction

Section 1.3

Optional element. Do you wish to specify which customer locations this document applies to?

  • Which categories of customer benefit from the rights set out in this document?

Section 1.4

Optional element. Do you wish to specify which types of order the document applies to?

  • To which orders does the document apply?

Section 1.5

Optional element. Will this document apply to any contracts with consumers (B2C transactions)?

Section 2: Returns

Section 2.1

  • What is the length of the period during which returns are permitted (in days)?
  • When does the returns period begin to run?
  • What condition must returned products be in?

Section 3: Returns procedure

Section 3.1

  • Describe the procedure that must be followed when returning a product.

Section 3.2

  • What postage/delivery method should be used for returns under this document?
  • To what address should products be returned?

Section 3.3

  • Who will be responsible for paying the costs associated with the return of a product (typically, postage costs)?

Section 4: Exclusions

Optional element.

Section 4.1

  • Which categories of products should be specifically excluded from the right of return?
  • In respect of products that are liable to deteriorate, what period applies?

Section 5: Refunds

Section 5.2

  • Will original delivery charges be excluded from the refund

 

Terms and conditions of sale via website (B2C): cover

  1. This template legal document was produced and published by Docular Limited.
  2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions.
  3. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.
  4. If you have any doubts about the editing or use of this template, you should seek professional legal advice.
  5. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: https://docular.net/pages/contact.

 

 

Terms and conditions of sale

  1. Introduction

1.1    These terms and conditions shall govern the sale and purchase of products through our website.

1.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

  1. Interpretation

2.1    In these terms and conditions:

(a)    “we” means shop4people; and

(b)    “you” means our customer or prospective customer,

         and “us”, “our” and “your” should be construed accordingly.

  1. Order process

3.1    The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

3.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3 or [alternative order procedure.

3.3    To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

3.4    You will have the opportunity to identify and correct input errors prior to making your order .

  1. Products

4.1    The following types of products are or may be available on our website from time to time: clothing , accessories and gadgets.

4.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

  1. Prices

5.1    Our prices are quoted on our website.

5.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT

5.4    It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5    In addition to the price of the products, you  OR may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

  1. Payments

6.1    You must, during the checkout process, pay the prices of the products you order.

6.2    Payments may be made by any of the permitted methods specified on our website from time to time.

6.3    If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4    If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)     an administration fee of ; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

         and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

  1. Deliveries

7.1    Our policies and procedures relating to the delivery of products are set out in this Section 7 OR in our delivery policy document.

7.2    We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3    We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

7.4    We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days following the later of receipt of payment and the date of the order confirmation.

7.5    We will only deliver products to addresses on the UK mainland.

  1. Distance contracts: cancellation right

8.1    This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2    You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).

8.3    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4    If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to return address) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

8.5    If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a)    if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)    as otherwise provided in this Section 8.

8.6    If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.

8.7    We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8    Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

8.9    You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:

(a)    the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;

(b)    the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;

(c)     the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(d)    the supply of goods which are liable to deteriorate or expire rapidly;

(e)    the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;

(f)     the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or

(g)    the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

  1. Warranties and representations

9.1    You warrant and represent to us that:

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions;

(c)     all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)    you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

9.2    We warrant to you that:

(a)    we have the right to sell the products that you buy;

(b)    the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)     you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)    the products you buy will correspond to any description published on our website; and

(e)    the products you buy will be of satisfactory quality.

9.3    All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

  1. Limitations and exclusions of liability

10.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)     limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

         and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2  The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a)    are subject to Section 10.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

  1. Order cancellation

11.1  We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)    you fail to pay, on time and in full, any amount due to us under that contract; or

(b)    you commit any material breach of that contract.

11.2  You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

11.3  We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

  1. Consequences of order cancellation

12.1  If a contract under these terms and conditions is cancelled in accordance with Section 11:

(a)    we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)    you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)     all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.

  1. Scope

13.1  These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

13.2  These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

13.3  These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

  1. Variation

14.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

  1. Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. No waivers

16.1  No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2  No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

  1. Severability

17.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

18.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

19.1  Subject to Section 10.1, these terms and conditions[, together with [our delivery policy and our returns policy],] shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

  1. Law and jurisdiction

20.1  These terms and conditions shall be governed by and construed in accordance with English law.

20.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  1. Statutory and regulatory disclosures

21.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2  These terms and conditions are available in the English language only.

21.3  Our VAT number is .

21.4  The website of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr. The online dispute resolution platform may be used for resolving disputes.

  1. Our details

22.1  This website is owned and operated by Damian Cakala.

22.3  Our principal place of business is at 243a carr road UB54RL London.

22.4  You can contact us:

(a)    by post, to the postal address given above;

(b)    using our website contact form;

(c)     by telephone, on the contact number published on our website; or

(d)    by email, using the email address published on our website.

 

 

 

Terms and conditions of sale via website (B2C): drafting notes

This template may be used to create terms and conditions to govern the sale of physical products, through a website, to consumers, under a contract governed by English law. The template does not make any assumptions about the types of products sold (although the sale of some types of products will of course be subject to special regulation, which will not be accounted for in this template). The template takes specific account of applicable consumer protection legislation, and assumes that customers will be protected by that legislation. Accordingly, it is not suitable for use in relation to websites that sell products to other businesses. Nor is the document suitable for use in relation to the sale of services or downloadable products.

Section 2: Interpretation

Section 2.1

Identify the seller by its (or his or her) full legal name.

Section 3: Order process

Section 3.2

Are there any alternative order procedures?

Identify the alternative order procedure (or the place where the alternative order procedure is described).

Section 3.3

Regulation 9(1)(a) of the Electronic Commerce (EC Directive) Regulations 2002: “Unless parties who are not consumers have agreed otherwise, where a contract is to be concluded by electronic means a service provider shall, prior to an order being placed by the recipient of a service, provide to that recipient in a clear, comprehensible and unambiguous manner the information set out in (a) to (d) below … (a) the different technical steps to follow to conclude the contract”.

One such step should be the provision of an acknowledgement of receipt of the order “without undue delay and by electronic means” (Regulation 11(1)(a)). This requirement does not however apply “where parties who are not consumers have agreed otherwise”.

What steps must be in order for a contract for the sale and purchase of a product or products through the website to come into force?

Section 3.4

Optional element.

This is intended to meet the requirements of Regulation 9(1)(c) of the Electronic Commerce (EC Directive) Regulations 2002, which states: “Unless parties who are not consumers have agreed otherwise, where a contract is to be concluded by electronic means a service provider shall, prior to an order being placed by the recipient of a service, provide to that recipient in a clear, comprehensible and unambiguous manner the information set out in (a) to (d) below … (c) the technical means for identifying and correcting input errors prior to the placing of the order.”

See also Regulation 11(1)(b): “Unless parties who are not consumers have agreed otherwise, where the recipient of the service places his order through technological means, a service provider shall … make available to the recipient of the service appropriate, effective and accessible technical means allowing him to identify and correct input errors prior to the placing of the order”.

Can you describe the error identification and correction process?

Describe process.

Regulation 9, Electronic Commerce (EC Directive) Regulations 2002 – http://www.legislation.gov.uk/uksi/2002/2013/regulation/9/made

VAT-inclusive selling prices are usually shown to consumers, and in some cases there is a legal obligation to do so. VAT-exclusive prices can be, and usually are, shown to business customers.

Will fees be stated inclusive or exclusive of VAT?

Section 6: Payments

Section 6.2

What payment methods may be used?.

Are delivery policies and procedures set out in this document or in a separate delivery policy?

Section 8: Distance contracts: cancellation right

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply special rules to certain distance contracts between traders and consumers (i.e. B2C) for the sale of goods entered into via a website, as well as certain other contracts (not discussed here).

The Regulations, effective on 13 June 2014, replace the Consumer Protection (Distance Selling) Regulations 2000.

Unfortunately, the rules are too complex to describe in detail here, and you should read the Regulations or at least a more detailed summary of them. A handful of the key points have been set out below.

First, traders must make certain pre-contract disclosures. The information traders need to disclose is set out in Schedule 2 to the Regulations, and includes information about the cancellation rights under the Regulations. Some of the information may be contained in terms and conditions or other standard documents, whilst some will usually be customer-specific.

Second, certain of the Schedule 2 information (mostly concerned with the characteristics of the goods, pricing, payments and contract duration – see Regulation 14(2)) must be provided directly before the order is placed. This could be on a page of a checkout process where the consumer is asked to check the details of the order before paying.

Third, when placing an order the consumer should explicitly acknowledge the obligation to pay. If the order is made by pressing a button, the button text should be “Order with obligation to pay” or something equivalent.

Fourth, the trader must send to the consumer confirmation of the contract on a “durable medium”. Typically, this will be a confirmation email. The confirmation should repeat any Schedule 2 information that was not previously given on a durable medium.

Fifth, the trader should make available to consumers a partially filled-in copy of the model cancellation form set out in Schedule 3(B).  The trader may also wish to make available a filled-in copy of the model instructions for cancellation set out in Schedule 3(A) – but one of the purposes of the distance selling provisions in this document is to replace those model instructions. If both are used, ensure they are consistent.

Sixth, the trader should have in place appropriate procedures to comply with cancellation requests. In summary, consumers may cancel a contract to purchase goods at any time within the period of 14 days following delivery.

There are lots of exceptions and special rules that are not covered in this note, so do read the Regulations or some more detailed guidance.

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – http://www.legislation.gov.uk/uksi/2013/3134/made

Section 8.3

The trader must make available to the consumer a Schedule 3(B) cancellation form. In the Regulations, “something is made available to a consumer only if the consumer can reasonably be expected to know how to access it” (Regulation 8). If the trader gives the consumer the option of cancelling by means of a web form and the consumer uses that web form to cancel, the trader must acknowledge the cancellation “on a durable medium without delay”. See Regulation 31.

Section 8.4

If the trader has offered to collect the goods, or the goods were delivered to the consumer’s home and could not, by their nature, normally be returned by post, then it is the trader’s responsibility to collect the goods. See Regulation 34(1) of the Regulations. If either of these circumstances may apply, then this provision should be amended accordingly.

To what address should products be returned?

Section 8.9

This provision sets out those categories of product that a seller may legally exclude from the general right of cancellation.

Will contracts of sale cover any of these categories of subject matter?

Section 9: Warranties and representations

Section 9.1

Optional element.

Will the website operator have a separate delivery policy?

Section 9.2

The terms listed here are implied by law into most English law contracts for the sale of goods, and in many cases cannot be excluded. See: the Consumer Rights Act 2015, the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977.

Should express seller warranties be included in the document?

Section 10: Limitations and exclusions of liability

Contractual limitations and exclusions of liability are regulated and controlled by law, and the courts may rule that particular limitations and exclusions of liability in contracts are unenforceable.

Limitations and exclusions of liability in UK B2C contracts are primarily regulated by the Consumer Rights Act 2015 (“CRA”).

Consumer contracts regulated by the CRA cannot exclude or restrict liability for death or personal injury resulting from negligence (Section 65(1), CRA). Further, any “unfair term” in such a contract will not be binding on the consumer (Section 62(1), CRA). A contractual term is unfair “if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract to the detriment of the consumer” (Section 62(3), CRA).

Section 31 of the CRA provides that a term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader’s liability arising under certain provisions of the CRA relating to: (a) goods being of satisfactory quality; (b) goods being fit for a particular purpose; (c) goods being as described; (d) pre-contract information; (e) goods matching a sample; (f) goods matching a model seen or examined; (g) installation of goods; (h) ancillary digital content; (i) the trader having the right to supply the goods; (j) the delivery of the goods; and (h) the passing of risk in the goods.

A “grey list” of provisions that may be regarded as unfair is set out in Part 1 of Schedule 2 to the CRA. Some of these have implications for the drafting of limitations and exclusions of liability. For example, they include: “a term which has the object or effect of excluding or limiting the trader’s liability in the event of the death of or personal injury to the consumer resulting from an act or omission of the trader.”

“Where a term of a consumer contract, or a consumer notice, purports to exclude or restrict a trader’s liability for negligence, a person is not to be taken to have voluntarily accepted any risk merely because the person agreed to or knew about the term or notice” (Section 65(2), CRA).

The courts may be more likely to rule that provisions excluding liability, as opposed to those merely limiting liability, are unenforceable.

If there is a risk that any particular limitation or exclusion of liability will be found to be unenforceable by the courts, that provision should usually be drafted as an independent term, and be numbered separately from the other provisions.

These guidance notes provide a very incomplete and basic overview of a complex subject. Accordingly, you should take legal advice if you may wish to rely upon a limitation or exclusion of liability.

Section 10.1

Do not delete this provision (except upon legal advice). Without this provision, the specific limitations and exclusions of liability in the document are more likely to be unenforceable.

Section 15: Assignment

Section 15.1

Part 1 of Schedule 2 to the Consumer Rights Act 2015 contains an indicative and non-exhaustive list of terms which may be regarded as unfair. Included in this list are terms having “the object or effect of allowing the trader to transfer the trader’s rights and obligations under the contract, where this may reduce the guarantees for the consumer, without the consumer’s agreement”.

Do you want to explicitly state that consumers will not lose any “guarantees” as a result of an assignment?

Section 18: Third party rights

 

This provision is designed to exclude any rights a third party may have under the Contracts (Rights of Third Parties) Act 1999.

Contracts (Rights of Third Parties) Act 1999 – https://www.legislation.gov.uk/ukpga/1999/31

Section 19: Entire agreement

Section 19.1

Do any other documents apply to the contract of sale (e.g. a separate returns policy)?

Which other documents?

Section 20: Law and jurisdiction

The questions of which law governs a document and where disputes relating to the document may be litigated are two distinct questions.

Section 20.1

This document has been drafted to comply with English law, and the governing law provision should not be changed without obtaining expert advice from a lawyer qualified in the appropriate jurisdiction. In some circumstances the courts will apply provisions of their local law, such as local competition law or consumer protection law, irrespective of a choice of law clause.

Which law should govern the document?

Section 20.2

In some circumstances your jurisdiction clause may be overridden by the courts.

Should the jurisdiction granted be exclusive or non-exclusive? Choose “non-exclusive” jurisdiction if you may want to enforce the terms and conditions against users outside England and Wales. Otherwise, choose “exclusive jurisdiction”.

The courts of which country or jurisdiction should adjudicate disputes under the document?

Section 21: Statutory and regulatory disclosures

Optional element.

This provision includes certain disclosures that may aid compliance with certain statutes and regulations, including the Electronic Commerce (EC Directive) Regulations 2002.

Section 21.1

Optional element.

Regulation 9, Electronic Commerce (EC Directive) Regulations 2002 – http://www.legislation.gov.uk/uksi/2002/2013/regulation/9/made

Section 21.2

Optional element.

This is intended to meet the requirements of Regulation 9(1)(d) of the Electronic Commerce (EC Directive) Regulations 2002.

What language or languages will the document be available in?

Regulation 9, Electronic Commerce (EC Directive) Regulations 2002 – http://www.legislation.gov.uk/uksi/2002/2013/regulation/9/made

Section 21.3

Optional element. Is the website operator registered for VAT?

What is the website operator’s VAT number?

Section 21.4

Article 14(1) of Regulation (EU) No 524/2013 provides: “Traders established within the Union engaging in online sales or service contracts, and online marketplaces established within the Union, shall provide on their websites an electronic link to the ODR platform. That link shall be easily accessible for consumers. Traders established within the Union engaging in online sales or service contracts shall also state their e-mail addresses.”

Also note Article 14(2), which provides: “Traders established within the Union engaging in online sales or service contracts, which are committed or obliged to use one or more ADR entities to resolve disputes with consumers, shall inform consumers about the existence of the ODR platform and the possibility of using the ODR platform for resolving their disputes. They shall provide an electronic link to the ODR platform on their websites and, if the offer is made by e-mail, in that e-mail. The information shall also be provided, where applicable, in the general terms and conditions applicable to online sales and service contracts.”

Some of the same ground is covered in the equivalent UK rules, which are contained in Regulations 19 and 19A of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (as amended by the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015).

Regulation 19A(1) provides: “Where under an enactment, rules of a trade association, or term of a contract, an online trader is obliged to use an alternative dispute resolution procedure provided by an ADR entity or EU listed body, the trader must – (a) provide a link to the ODR platform in any offer made to a consumer by email; and (b) inform consumers of – (i) the existence of the ODR platform; and (ii) the possibility of using the ODR platform for resolving disputes.”

Regulation 19A(2) provides: “The information in (1)(b) must also be included in the general terms and conditions of online sales contracts and online service contracts of the trader, where such general terms and conditions exist.”

Regulation 19A(3) provides: “An online trader must on its website – (i) provide a link to the ODR platform; and (ii) state the online trader’s email address.”

Regulation 19A(4) provides: “An online marketplace must provide a link to the ODR platform on its website.”

Include this text if “under an enactment, rules of a trade association, or term of a contract, [the] online trader is obliged to use an alternative dispute resolution procedure provided by an ADR entity or EU listed body”.

Regulation (EU) 524/2013 (Regulation on consumer ODR) – https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:165:0001:0012:EN:PDF

Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 – https://www.legislation.gov.uk/uksi/2015/542

Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 – https://www.legislation.gov.uk/uksi/2015/1392/made

Section 21.5

Regulations 19(1) of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (as amended by the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015) provides: “Where, under an enactment, rules of a trade association, or term of a contract, a trader is obliged to use an alternative dispute resolution procedure provided by an ADR entity or EU listed body the trader must provide the name and website address of the ADR entity or EU listed body – (a) on the trader’s website, if the trader has a website; and (b) in the general terms and conditions of sales contracts or service contracts of the trader, where such general terms and conditions exist.”

Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 – https://www.legislation.gov.uk/uksi/2015/542

Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 – https://www.legislation.gov.uk/uksi/2015/1392/made

Section 22: Our details

Optional element.

UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites (although not necessarily in this document).

Sole traders and partnerships that carry on a business in the UK under a “business name” (i.e. a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain website disclosures: (a) in the case of a sole trader, the individual’s name; (b) in the case of a partnership, the name of each member of the partnership; and (c) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective.

All websites covered by the Electronic Commerce (EC Directive) Regulations 2002 must provide a geographic address (not a P.O. Box number) and an email address.

All website operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.

Electronic Commerce (EC Directive) Regulations 2002 (original version) – https://www.legislation.gov.uk/uksi/2002/2013/made

Provision of Services Regulations 2009 – https://www.legislation.gov.uk/uksi/2009/2999

Section 22.1

What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 22.2

Optional element. Is the relevant person a company?

In what jurisdiction is the company registered?

What is the company’s registration number or equivalent?

Where is the company’s registered address?

Section 22.3

Where is the relevant person’s head office or principal place of business?

Section 22.4

By what means may the relevant person be contacted?

Where is the relevant person’s postal address published?

Either specify a telephone number or give details of where the relevant number may be found.

Either specify an email address or give details of where the relevant email address may be found.