Welcome to our video tutorial that covers everything you need to know to choose the right terms and conditions for your business. This series is all a part of Farillio’s mission to make the law simpler, faster, better and more affordable for small businesses.
By the end of this tutorial, you should know just how important it is to make sure that the terms and conditions you put together will be the best suited to protect both your business and your customers – and you’ll be able to start drafting your own, using the template selector wizard and template creation tool available with your Farillio account.
Alternatively, feel free to work alongside us as we draft a set of terms and conditions from scratch. If at any point you have any questions or you want an expert to look over the Ts & Cs you’ve drafted, our Speak To A Lawyer feature will put you in touch with one of our experts, like Helen, who can give you that extra level of confidence in what you’ve drafted.
In this series, we’re joined by Helen Smart from Wilkes. Helen is our expert on all things trading related and, along with her colleagues at Wilkes, have helped to create many of the robust templates and guides you can find across the site.
Your terms and conditions will probably be one of the most important documents your business will have and it’s really important to get it right.
If you’re put off by the different types and variations, Farillio’s handy template selector will help you pick the right version for your requirements – as we’ll see, you may even need more than one set.
How important are terms and conditions?
As we’ve mentioned above, your terms and conditions documents are really important for your business. While it’s not strictly necessary to have them in place for business-to-business facing arrangements, they're still very useful as they allow you to set out your expectations regarding all sorts of conditions.
From delivery of goods and/or services and how you handle your customers confidential information to payment terms and cancellation rights – your terms and conditions act as the foundation for how you trade.
So whether you’re a sole trader, limited company or trading another way, you really should have Ts & Cs – because not only are they there to protect you, they also give the impression of a well-organised and well-managed business.
What your terms and conditions look like and what they'll need to include depends on the nature of your business, what it is you’re doing and who you’re selling to.
If you’re selling to consumers (who are unlikely to be negotiating your Ts and Cs with you) a standard set will be fine.
Similarly, if you’re selling to businesses – depending on what you do and if it rarely varies – another set of terms and conditions may be fine, although a contract for services may be more suitable.
Generally speaking, where there are variations for each customer that need to be addressed and agreed upon before each transaction – or there is a higher degree of risk – a contract for services will probably be more appropriate.
What if I sell in a non-traditional way?
For those sellers not selling from a shop or a website but via other means such as Facebook, Instagram or a stall at a fete or Christmas market, the law can be quite vague.
How the law is applied depends on factors such as whether or not this is your main trade, how regularly you're trading in this way and whether you’re doing it with a view to making a profit.
If this is your trade or how you make your living, you may need to start thinking about drafting a set of terms and conditions.
Nowadays, it’s easier than ever before to sell your crafts or designs online, either directly or via third-party websites. While you may not need terms and conditions in these circumstances, you should still consider whether there is any risk with what you’re doing.
By law, you have to give certain information to consumers – and if you’re using a third-party website, such as Etsy or Shopify, they may have their own terms and conditions that prevent you from applying yours.
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