Description
These terms set out the contractual arrangements in respect of online supply of goods to consumers. The drafting of the document favours the party selling the products. An important aspect of these provisions is therefore that it is the purchaser that will be making an offer to purchase over the internet and not the supplier making an offer to sell. In law this structure has clear legal advantages for a seller and ensures the contract of sale will be stronger all round.
Summary
These terms set out the contractual arrangements in respect of online supply of goods to consumers. The drafting of the document favours the party selling the products. An important aspect of these provisions is therefore that it is the purchaser that will be making an offer to purchase over the internet and not the supplier making an offer to sell. In law this structure has clear legal advantages for a seller and ensures the contract of sale will be stronger all round.
The template will generally regulate visitors to the site, covering for example both provision of information by the seller, and the collection of information from visitors. These provisions are detailed and will also assist the seller in the task of conforming to the current data protection regime.
Acceptance of the terms is by click-through and/or use of the site; it is important to remember, however, that persons under the age of 18 cannot in law enter into contracts (the relevant effect of this is that contractual provisions may not be enforced against minors). Products are expressed to conform to the specification mentioned on the site, payment and delivery terms are specified.
Terms of use of site content exist and these will indicate what usage is permitted as well as assisting in the protection of related intellectual property rights. A disclaimer provides protection in relation to the content of linked sites.
The purchase contract will be governed by English law although e-commerce businesses must be aware that each jurisdiction will apply its own law to websites and online sales (in some cases even though a site may be outside the relevant jurisdiction). English law is however very widely used in commercial transactions as between the parties. Conditions have been included to try to minimise the chance of the laws of other territories having an effect.
Within the framework of mandatory protection afforded by statute, limitations on liability have been included (for example covering implied terms and indirect and consequential losses). Damages due to loss of data have also been excluded. As a last line of defence a cap on damages exists (where it may lawfully apply).
The supplier is entitled to assign its rights created under an agreement formed under the terms and conditions.
Short Description
Online terms for the third party use of a website, and sale of goods through the website providing online contractual agreement by the customer.
Prices from £400+vat
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If you wish to purchase the template, or discuss other needs in the fields of information technology and e-commerce law, please contact James May on 01273 236236 or email contracts@lawspeed.com. Lawspeed provides top level advice on all your contractual needs whether in technology or any other business sphere.
If tailoring or negotiation becomes necessary then this will incur further costs on an hourly basis.
If you are not able to present your own contractual agreement then we will be able to provide a 'Health Check' of the proposed terms and negotiate changes where appropriate in relation to commercial risk, liabilities, and intellectual property rights implications.
Contract templates and advice are provided on Lawspeed Limited’s terms and conditions. Acceptance of your request for templates and/or services shall be confirmed by our sending you the relevant template(s), or in the case of a request for advice, our written agreement to provide you with advice. Processing of any payment from you prior to such acceptance shall not be deemed to be acceptance giving rise to a contract.
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