E-Commerce (Digital Content Subscription – B2C) Website Terms of Sale
This document has been updated for Brexit. References to the EU have been reviewed and removed.
These E-Commerce Sale of Digital Content Website Terms of Sale are designed for use by online retailers on e-commerce websites providing digital content to consumers. These terms are sufficiently broad to cover a wide range of different types of digital content sold on a subscription-access basis. Subscriptions may be made renewing or non-renewing with only minor adjustments of this template.
These Terms of Sale guide customers through the order process, explaining the formation of the contract between them and the seller, also setting out details on digital content, pricing and availability, payment, provision of digital content, and licensing. Particular attention should be given to content descriptions when selling digital content and this is reflected in these terms of sale. Descriptions should always factor in updates and improvements which may be made to digital content as digital content must continue to match the description given by a trader to customers – this does not prevent updates and enhancements, but great care should be taken when removing or restricting features.
Cancellation rights are addressed in detail. A range of cancellation rights are provided, ranging from the normal, no-fault cancellation of recurring subscriptions to cancellations arising from problems which will entitle the customer to full or partial refunds. The 14-day cooling off period granted to consumers under the 2013 Consumer Contracts Regulations is also included, however the terms of sale explain that the cooling-off period will end as soon as the customer accesses the digital content they have purchased, which may be before the 14-day period has passed. It is important (as shown in this template) that the customer acknowledges this during the order process.
The terms of this document have been left open where the length of subscriptions is concerned – these should be defined on your website in an appropriate place and confirmed in the customer’s order details.
Further key provisions deal with liability, customer complaints (with reference to complaints handling policies and procedures, templates for which are also available from Simply-Docs), contact information, and data protection.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This document is duplicated in the Website Terms & Conditions Group.
These Digital Content Website Terms of Sale contain the following clauses:
1. Definitions and Interpretation
2. Information About Us
3. Age Restrictions
4. Business Customers
5. Subscriptions, Paid Content, Pricing and Availability
6. Orders – How Contracts are Formed
8. Provision of Paid Content
10. Problems with Paid Content
11. Cancelling Your Subscription
12. Your Other Rights to End the Contract
13. Our Liability to Consumers
14. Contacting Us
15. Complaints and Feedback
16. How We Use Your Personal Information (Data Protection)
17. Other Important Terms
18. Law and Jurisdiction
These website terms of sale are in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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