Terms and conditions for supply of services & digital content from a premises to consumers
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What are terms and conditions for the supply of services & digital content from a premises to consumers and when do you need them
These are standard format terms and conditions for businesses to provide to consumer customers (B2C terms and conditions) in the context of an ‘on premises’ sale.
These terms relate to the sale of services and digital content. However, you might also sell goods. We have terms available to cover these different combinations so please refer to them if they suit your business better.
An ‘on premises’ sale is anything which does not fall within the definitions of ‘off-premises’ sale or ‘distance’ sale, both of which are explained below. This typically means that if you sell to a customer in your shop, then the sale will be ‘on-premises’.
However, you will still need to check that how you sell and enter into a contract with a customer does not fall within any of the definitions below.
You supply services and digital content to consumers off-premises if:
- you enter into the contract at a place where you are both present, which is not your business premises, or
- where an offer to buy your products or services is made to you by the customer, where you are both present, and in a place which is not your business premises, or
- you enter into a contract that is agreed at your business premises, or via distance communication, immediately after a meeting with the customer at a place which is not your business premises, or
- you enter into a contract with the customer during an excursion which you organise in order to sell them services.
If you do any of these above 4 activities, then you’ll need our template B2C terms and conditions for services and digital content off-premises.
You supply services and digital content to consumers via ‘distance selling’ if you enter into the contract (and negotiate and agree it) entirely remotely, whether by telephone, catalogue or internet.
To fall within the definition of ‘distance-selling’, it does require there to be an ‘organised scheme’ of sales by this method, so if you have a shop and usually sell to customers directly in your shop, but as a one-off sell something over the phone then you are unlikely to fall within the distance-selling classification.