Updated B2B E-Commerce Website Terms & Conditions
E-Commerce has long since left behind its “exception rather than the rule” status when it comes to sales of all kinds. It would be a reasonably safe bet to say that there is now nothing that can’t be purchased online, whether it be goods, services, or digital content.
Setting up a business online enables faster startup times, lower costs, quicker and cheaper order processing, a very wide (global, if desired) customer audience, fast and secure transactions, an almost limitless array of online marketing tools - from search engines to social networks, not to mention access to priceless customer data.
Where a business sells to other businesses, important considerations arise as to how generous to make your terms of sale. Traders’ dealings with consumer customers are more tightly controlled by the law than those with business customers. A prime example is the 14-day “cooling off period” required for online business-to-consumer transactions. A trader is, of course, perfectly at liberty to offer the same generous provisions to its business customers, but may instead prefer to be more restrictive and take a more “pro-supplier” approach. It nevertheless remains important to be aware that contractual terms, even when dealing with business customers, must still be fair. It is also important to remember that while legislation such as the Consumer Rights Act 2015 will not apply, B2B contracts for the sale of goods and services (and digital content, although unlike consumer law, it is not treated as a category in its own right in a B2B context, frustratingly enough) remain subject to the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, and the Unfair Contract Terms Act of 1977. In certain cases, including in our newly-updated B2B services and digital content templates, the default statutory provisions may be relied upon. It may be possible for traders to expressly exclude warranties and provisions implied by the law in a business-to-business context, however given that our templates have been designed for general use, we have opted not to take this approach.
New and Updated B2B E-Commerce Terms and Conditions Templates
If you sell online to business customers, whether you’re dealing with goods, services, or digital content these updates are for you. Click on the links to the right for more information about these new and updated templates.
The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.