How to Use This Checklist
Click each checkbox to mark items as complete. Your progress is automatically saved to your browser. Use this checklist to:
✅ Three Ways to Use This Tool
1. Draft new Terms of Sale: Ensure you don't miss any essential legal requirements for selling to both consumers and businesses
2. Audit existing terms: Review your current Terms of Sale against all 56 compliance points
3. Update for legal changes: Verify compliance with Consumer Rights Act 2015, Consumer Contracts Regulations 2013, Sale of Goods Act 1979, and UK GDPR
⚠️ What Are Terms of Sale?
📋 Definition: Terms of Sale (also called Terms and Conditions) are the legally binding contract between you and your customers (both consumers and businesses) that governs the sale of your products.
⚖️ Legal Status: Must comply with Consumer Rights Act 2015 and Consumer Contracts Regulations 2013 for consumer sales, AND Sale of Goods Act 1979 and Unfair Contract Terms Act 1977 for business sales.
🎯 Purpose: Protect your business while respecting statutory rights - different rules apply for consumer vs business customers.
🏪 Where to Display: Terms of Sale MUST be accessible on your website before purchase - typically linked in the footer, displayed during checkout, included in order confirmations, and referenced in quotations.
⚠️ Consumer vs Business Customers - Critical Distinction
🛍️ Consumer Customers (B2C): Buying for personal use. Consumer Rights Act 2015 and Consumer Contracts Regulations 2013 apply. Mandatory 14-day cancellation, cannot exclude quality warranties, strict pre-contract info.
💼 Business Customers (B2B): Buying for business purposes with VAT number. Different rules apply - no automatic cancellation rights, can limit warranties (if reasonable), commercial freedom.
❗ Why Customer Classification Matters:
• Consumer laws cannot be waived - you MUST comply
• Business customers get different terms - more flexibility
• Misclassifying customers creates legal risk
• Your Terms MUST address BOTH customer types clearly
✅ Solution: Use hybrid Terms of Sale that adapt based on customer type, with separate sections for consumer rights and business provisions.
⚠️ Understanding Importance Levels
🔴 Critical: Must have - legal requirement under UK consumer law. Omission creates serious liability and may make terms unenforceable
🟡 Important: Should have - strong legal protection and industry best practice
🔵 Recommended: Good practice - enhances clarity and prevents customer disputes
Full Legal Company Name and Address
Complete legal name exactly as registered with Companies House, plus full registered address including postcode. Required by Companies Act 2006 and Consumer Contracts Regulations 2013. Must be easily accessible on your website.
🔴 Critical
Company Registration Number and VAT Number
Companies House registration number (if limited company) and VAT registration number (if VAT-registered). Required by Companies Act 2006 and VAT Act 1994. Demonstrates legitimate trading entity and aids customer verification.
🔴 Critical
Contact Information (Email, Phone, Address)
Working email address, telephone number, and correspondence address. Required by Consumer Contracts Regulations 2013 for distance/online sales. Customers must be able to contact you easily about orders, complaints, and returns.
🔴 Critical
⚠️ Product Description Accuracy is Essential
The Consumer Rights Act 2015 requires products to be "as described." Misleading descriptions constitute a breach of contract AND a criminal offense under the Consumer Protection from Unfair Trading Regulations 2008. Every product description must be accurate, not misleading, and include all material information affecting purchase decisions.
Accurate Product Descriptions
Commitment that all product listings contain accurate descriptions, specifications, dimensions, materials, colors, and features. Required by Consumer Rights Act 2015 (goods must be "as described"). Misleading descriptions are criminal offenses under CPRs 2008.
🔴 Critical
Product Images and Representations
Statement that product images are representative and actual items may vary slightly in color/appearance due to monitor settings, lighting, or natural variations. Protects against minor visual differences while maintaining accuracy requirements.
🟡 Important
Product Availability and Stock Status
Explanation of how stock status is displayed, when items are out of stock, and policy on pre-orders or backorders. Sets expectations for availability and prevents customer frustration when items cannot be immediately fulfilled.
🔵 Recommended
Product Restrictions and Age Verification
If selling age-restricted products (alcohol, knives, aerosols, fireworks, etc.), clear statement of age restrictions and verification requirements. Required by specific product legislation. Failure to verify age is a criminal offense for many restricted products.
🔴 Critical
⚡
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Price Display and Currency
All prices clearly displayed in GBP (£) including VAT where applicable. Consumer Contracts Regulations 2013 require total price including taxes and delivery before purchase. Price display regulations require VAT-inclusive pricing for consumer sales.
🔴 Critical
VAT Treatment Explained
Statement whether prices include VAT and VAT breakdown shown on invoices. VAT Act 1994 requires VAT to be clearly stated. Consumer prices must include VAT; business prices may be shown as ex-VAT if clearly stated.
🔴 Critical
Additional Charges Disclosure
Full disclosure of ALL additional charges: delivery fees, handling charges, payment processing fees, surcharges. Consumer Rights Act 2015 prohibits hidden fees. All costs must be disclosed BEFORE customer commits to purchase.
🔴 Critical
Payment Methods Accepted
List of accepted payment methods: debit card, credit card, PayPal, bank transfer, etc. Payment Services Regulations 2017 prohibit excessive card surcharges. Clear payment options prevent abandoned transactions.
🟡 Important
When Payment is Taken
Explanation of when payment is processed: immediately on order, on dispatch, on delivery. Consumer Contracts Regulations require clarity on when customer's payment obligation arises. Important for customer cash flow management.
🟡 Important
Price Changes and Errors
Policy on pricing errors on website and right to correct obvious mistakes. Right to change prices for future orders but not accepted orders. Protects business from genuine pricing errors while maintaining fairness.
🟡 Important
⚠️ When Does a Contract Form?
Under UK contract law, you decide when the contract is formed - usually when YOU accept the customer's order (not when they place it). This is critical because it allows you to reject orders for out-of-stock items, pricing errors, or suspicious transactions BEFORE being contractually bound. Your terms must clearly state the moment of contract formation.
Order Placement Process Explained
Step-by-step explanation of how customers place orders: add to cart, proceed to checkout, enter details, review order, confirm purchase. Consumer Contracts Regulations 2013 require clear ordering process. Customers must be able to review and correct errors before final commitment.
🔴 Critical
When Contract is Formed
Clear statement of when the contract becomes binding - typically when you send order confirmation email (not when customer clicks "buy"). This reserves your right to reject orders for stock issues, pricing errors, or fraud. Essential for contract law certainty.
🔴 Critical
Order Confirmation Requirements
You will send order confirmation by email including: order number, items ordered, prices, delivery address, estimated delivery date. Consumer Contracts Regulations 2013 require confirmation on durable medium without undue delay. Failure to confirm can extend cancellation rights.
🔴 Critical
Right to Reject Orders
Your right to refuse orders for: out of stock items, pricing errors, delivery restrictions, suspected fraud, business capacity. This reserves your freedom to decline orders BEFORE contract formation. Protects against forced acceptance of unprofitable transactions.
🟡 Important
Order Cancellation by Customer (Before Acceptance)
Customer's right to cancel their order BEFORE you accept it (i.e., before contract formation). Once accepted, Consumer Contracts Regulations cancellation rights apply. Clear explanation prevents confusion about when binding commitment occurs.
🔵 Recommended
Delivery Timeframes and Methods
Estimated delivery times for different shipping options: standard delivery (3-5 days), express (1-2 days), international (7-14 days). Consumer Contracts Regulations 2013 require delivery within 30 days unless agreed otherwise. Late delivery gives customers right to cancel.
🔴 Critical
Delivery Costs and Restrictions
Delivery charges for different regions, free delivery thresholds, and any delivery restrictions (Highlands & Islands surcharges, non-UK delivery, PO Box limitations). All delivery costs MUST be shown before checkout completion per CCR 2013.
🔴 Critical
Failed Delivery Procedures
What happens if delivery fails: courier leaves card, item returned to sender, redelivery charges, collection points. Consumer Rights Act 2015 states delivery is complete when customer takes physical possession. Clear procedures prevent disputes.
🟡 Important
Risk and Ownership Transfer
When risk transfers to customer (usually on delivery) and when ownership transfers (usually on payment clearance). Consumer Rights Act 2015 states goods remain at seller's risk until delivery. Risk transfer timing affects who bears loss if goods damaged in transit.
🟡 Important
Damaged or Lost in Transit
Your responsibility if items damaged or lost during delivery, how customers report issues, replacement/refund procedures. Consumer Rights Act 2015 makes seller responsible until goods delivered. Clear procedures ensure customer protection and smooth claims.
🔴 Critical
🚨 Consumer Cancellation Rights Are Mandatory
Consumer Contracts Regulations 2013 give customers automatic 14-day cancellation rights for distance sales (online/phone orders).
You CANNOT remove these rights. Customers can cancel for ANY reason within 14 days of receiving goods.
Required information to customers:
• Right to cancel within 14 days
• How to cancel (form or clear statement)
• Refund timeframe (14 days from cancellation)
• Who pays return costs (unless you offer free returns)
• Exceptions where cancellation rights don't apply
Failure to provide this information extends customer cancellation rights from 14 days to 12 MONTHS + 14 days. This is automatic by law.
14-Day Cancellation Right Explained
Clear statement that consumers have 14 days from delivery to cancel for any reason under Consumer Contracts Regulations 2013. Explain calculation of 14-day period, how to notify cancellation, and that goods must be returned in resaleable condition. MANDATORY by law.
🔴 Critical
Model Cancellation Form Provided
Provide model cancellation form or clear instructions for cancelling (email/letter with order details). CCR 2013 recommend model form but accept clear cancellation instructions. Making cancellation easy increases compliance and customer trust.
🔴 Critical
Return Costs Responsibility
Who pays return costs - usually customer unless you offer free returns. CCR 2013 allow customer to bear reasonable return costs if clearly informed before purchase. State return postage costs or that customer arranges own return.
🔴 Critical
Refund Timeframe and Process
You must refund within 14 days of receiving returned goods (or customer providing return proof). CCR 2013 set strict 14-day refund deadline. Refund must include original delivery costs (unless customer chose premium delivery). No deductions except diminished value from excessive handling.
🔴 Critical
Exceptions to Cancellation Rights
List products excluded from 14-day returns: personalized items, perishable goods, sealed hygiene products (opened), digital content (once accessed), sealed audio/video/software (opened). CCR 2013 Regulation 28 lists specific exceptions. Clear communication prevents disputes.
🔴 Critical
Faulty/Defective Returns Policy
Separate from 14-day cancellation rights. Consumer Rights Act 2015 rights for faulty goods: short-term right to reject (30 days), right to repair/replacement, price reduction, final right to reject. Explain how to report faults and your remedies process.
🔴 Critical
✅ Business Customers Have Different Rules
💼 For Business Sales (B2B): The Consumer Contracts Regulations 2013 do NOT apply to business-to-business sales. Business customers have no automatic 14-day cancellation right. Returns are purely contractual - you decide your policy.
Common B2B Approaches:
• No returns except faulty goods (strictest)
• Returns within 14-30 days subject to restocking fee
• Returns only for unused goods in original packaging
• Bespoke/made-to-order items non-returnable
Whatever policy you choose, state it clearly in your terms.
Business Customers - No Automatic Cancellation Rights
Clear statement that Consumer Contracts Regulations 2013 do NOT apply to business-to-business sales. Business buyers have no automatic 14-day cancellation right. Returns only as stated in your terms or for faulty goods covered by warranty. Once order accepted, contract is binding.
🔴 Critical
Business Returns Policy (If Offered)
If you offer discretionary returns for business customers: returns accepted within X days (14-30 typical), goods must be unused and in original packaging, restocking fee of X% may apply, customer pays return shipping. Special order, bespoke, or perishable items non-returnable. Policy is contractual, not statutory.
🟡 Important
Business Customer - Cancellation Before Dispatch
For business customers, explain if cancellation possible after order accepted but before dispatch. You may agree (not obliged). If agreed: cancellation fee may apply to cover administration costs, restocking, opportunity cost. Orders in production/being manufactured cannot be cancelled. Document your policy clearly.
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Satisfactory Quality Guarantee
Statement that all products are of satisfactory quality, fit for purpose, and as described per Consumer Rights Act 2015 Sections 9-11. These are IMPLIED terms that cannot be excluded for consumer sales. Confirms your compliance with fundamental quality obligations.
🔴 Critical
Manufacturer Warranties Honored
If products come with manufacturer warranties, state that manufacturer warranty terms apply and how customers can claim. Manufacturer warranties are in addition to (not instead of) your Consumer Rights Act obligations. Clear explanation prevents confusion.
🔵 Recommended
Consumer Rights Act Remedies Explained
Summary of customer remedies for faulty goods: short-term right to reject (30 days), repair/replacement, price reduction, final rejection after failed repair. CRA 2015 sets out tiered remedies structure. Explaining rights demonstrates transparency and builds trust.
🟡 Important
Second-Hand/Refurbished Goods Disclaimer
If selling used goods, clear labeling and appropriate quality expectations. Consumer Rights Act 2015 still applies but "satisfactory quality" judged against price and age. Clear descriptions prevent disputes over condition of pre-owned items.
🔴 Critical
🚨 Cannot Exclude Consumer Rights
CRITICAL: You CANNOT exclude or limit liability for:
• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Consumer Rights Act 2015 statutory rights
• Any other liability that UK law prohibits excluding
Unfair Contract Terms Act 1977 and Consumer Rights Act 2015 make such exclusions void. Any attempt to exclude these liabilities is illegal and unenforceable.
Cannot Exclude Mandatory Liabilities
Clear statement you do NOT exclude liability for: death/personal injury from negligence, fraud, Consumer Rights Act 2015 statutory rights, or other liabilities that cannot be excluded under UK law. Required acknowledgment - attempting to exclude these is criminal.
🔴 Critical
Indirect Loss Limitations (B2B Only)
For business customers only, exclusion of liability for indirect losses, consequential damages, loss of profits, loss of business. CANNOT be excluded for consumers. Unfair Contract Terms Act 1977 allows reasonable B2B exclusions but prohibits consumer exclusions.
🟡 Important
Product Liability Insurance Statement
Statement that you maintain appropriate product liability insurance. Not legally required but recommended, especially for products that could cause injury. Demonstrates professionalism and protects against Consumer Protection Act 1987 claims.
🔵 Recommended
Website Accuracy Disclaimer
Website content provided "as is" but reasonable care taken for accuracy. Not liable for temporary unavailability or technical issues. Reasonable disclaimer protects against minor website errors while maintaining core accuracy obligations.
🔵 Recommended
Accurate Information Provision
Customer must provide accurate delivery address, contact details, and payment information. Errors in customer-provided information are customer's responsibility. You're not liable for failed delivery due to incorrect addresses.
🟡 Important
Lawful Use of Products
Customer agrees to use products lawfully and not for illegal purposes. Particularly relevant for tools, chemicals, technology that could be misused. Protects you from liability for customer misuse.
🔵 Recommended
Payment Obligation and Consequences of Non-Payment
Customer's obligation to pay in full when due. Consequences of non-payment: order cancellation, debt collection, interest under Late Payment of Commercial Debts Act. Clear payment obligations prevent disputes.
🟡 Important
Website Content Ownership
All website content (text, images, logos, designs) owned by you or licensed, protected by copyright, trademarks, and intellectual property law. Customers may view for personal use but cannot reproduce commercially without permission.
🟡 Important
Product IP Rights After Purchase
Customer buys physical product but not intellectual property rights in designs, patents, trademarks, or copyrights. Important for branded products, designed items, or anything with IP protection. Customer cannot reproduce or reverse-engineer.
🔵 Recommended
Trademark and Brand Usage Restrictions
Your trademarks and brands are protected. Customers cannot use your brand name, logos, or trademarks for commercial purposes without written permission. Prevents unauthorized reselling or brand association.
🔵 Recommended
🚨 GDPR Compliance is Mandatory
UK GDPR requires clear information about personal data processing BEFORE collection. Your Terms of Sale must reference your Privacy Policy and explain how customer data is used. Failure to comply results in ICO fines up to £17.5 million or 4% of turnover.
Privacy Policy Reference
Clear reference to your Privacy Policy with direct link. Privacy Policy must explain: what data collected, why, legal basis, retention periods, third-party sharing, customer rights. UK GDPR Article 13 requires this information BEFORE data collection.
🔴 Critical
Data Processing Explanation
Summary of how customer data used: order processing, delivery, communication, legal obligations. UK GDPR requires transparency on processing purposes. Customers must understand why you need their data before providing it.
🔴 Critical
Marketing Communications Opt-in
If collecting data for marketing: clear opt-in mechanism, explanation of marketing use, easy unsubscribe. Privacy and Electronic Communications Regulations 2003 require explicit consent for marketing emails. Cannot use pre-ticked boxes.
🔴 Critical
Cookie Policy Reference
Reference to Cookie Policy if website uses cookies (most do). PECR 2003 require consent for non-essential cookies. Cookie Policy must explain: what cookies used, why, how to manage cookies. Link from Terms of Sale ensures visibility.
🟡 Important
Governing Law and Jurisdiction
Terms governed by laws of England & Wales (or Scotland/Northern Ireland if applicable). For business customers, disputes subject to exclusive jurisdiction of stated courts. For consumers, they can sue in their home courts (Consumer Rights Act 2015 protection).
🔴 Critical
Dispute Resolution Methods
How disputes resolved: direct contact first, then courts, optional ADR. UK law requires ADR information for consumer contracts. EU Online Dispute Resolution platform link required for EU customers. Clear dispute path reduces legal costs.
🟡 Important
Force Majeure Clause
Not liable for delays/failures due to circumstances beyond reasonable control: natural disasters, strikes, government actions, supplier failures, pandemics. COVID-19 demonstrated importance of force majeure protection. Suspends obligations during unforeseeable events.
🟡 Important
Right to Amend Terms
Your right to update Terms of Sale with reasonable notice (30 days). Changes apply to future orders, not existing contracts. Continued use of website after changes constitutes acceptance. Allows business to adapt to legal/operational changes.
🟡 Important
Severability and Waiver
If any provision invalid/unenforceable, remaining provisions continue in effect. Failure to enforce any right doesn't waive that right. Standard contract clauses protecting overall agreement if one provision fails.
🟡 Important
Entire Agreement and Third Party Rights
Terms constitute entire agreement between parties. No third party can enforce terms under Contracts (Rights of Third Parties) Act 1999. Prevents claims based on pre-contract statements and limits who can sue under the contract.
🟡 Important
⚡
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Next Steps
Now that you've reviewed the compliance checklist, you have three options:
✅ Use Our Ready-Made Template (Recommended)
Save days of legal research and drafting. Our professionally-crafted Terms of Sale template covers all 56 compliance points with Consumer Rights Act 2015-compliant wording. Available in both Interview Mode (guided questionnaire) and Editor Mode (direct editing) for just £10.
📝 Draft Your Own Terms
Use this checklist as your guide, but remember: getting the legal wording correct is complex. Terms of Sale require precise language around consumer cancellation rights (14 days mandatory), Consumer Rights Act remedies, refund timeframes, and data protection. A single compliance gap can result in extended cancellation rights (12 months instead of 14 days), Trading Standards action, or unenforceable terms.
⚖️ Book a Legal Consultation
For complex sales arrangements, international shipping, high-value goods, or if you need terms reviewed by legal professionals, consider booking a consultation for personalized advice tailored to your specific business model and products.
Need personalized legal advice? Book a consultation →