Website terms and conditions template: retailer of goods part designed by site visitors
- Solicitor approved
- Plain English makes editing easy
- Guidance notes included
- Money back guarantee
About this terms and conditions template
The terms and conditions in this template are suitable for an online retailer that sells products that have had design input from web site visitors. The retailer is likely to buy or manufacture "white label" products then enhance them with designs suggested by visitors. The products could be anything: from prints of artwork to clothing to laptop covers.
In these T&C, the incentive for the designer to submit his designs is his satisfaction that his design is being used. Because of technical legal reasons relating to consumer law we have not included options where free products are given in return, or where a royalty fee is paid. However, any business orientated retailer who isn't too worried about the technical application of the law could bend the rules, for example, by occasionally sending samples without notice to 'product testers' who happen to have part designed a product.
How these T&C should help you
Using this document on your website will help you:
- set out clearly how your business works and what customers can expect;
- present a professional image of your business. Our use of plain English helps ensure customers do not feel intimidated by overly formal or legalistic language;
- prevent misunderstandings and make solving disputes easier;
- protect your website from misuse (we include paragraphs that form an Acceptable Use Policy, useful if your visitors can interact with your website, for example, by posting reviews or exchanging messages in a customer forum);
- trade safely internationally, whether your customers are in New Zealand, Australia, EU or further afield.
Are these terms and conditions suitable for your business?
If you are able to identify your business by reading the points below, then this template should be suitable for you. We also list similar alternatives afterwards.
- a manufacturer, wholesaler, or retailer
These T&C are suitable for businesses of all sizes. You may be a newly started sole trader with a single product or an established company selling thousands of different product lines.
- are consumers (private individuals) or other businesses or both
- are not further distributors or retailers of the product
Your customers could be located in any country. These terms and conditions include provisions for sale abroad as well as within New Zealand.
- the customer buys online, direct from your e-commerce enabled website
You are selling
- physical goods (rather than downloaded products such as software)
- some products that have a design element contributed by visitors to your website
We have other, more suitable templates (see the section below) if you sell:
- products that are created or customised on a one-off basis to unique specifications given by the customer;
- products that require on-going maintenance or additional service contracts;
- products that use software that you have developed;
- a contract for recurring orders that continues until the customer cancels it;
- services in addition to products.
Payment may be made:
- immediately on the web site (e.g. by credit card);
- by cheque or bank transfer;
- on a pre-arranged credit account.
Delivery could be any of the following:
- by your business;
- by post or courier;
- direct from a third party (such as the manufacturer);
- or, the customer may pick up the product from your premises.
Delivery could be in a single instalment or in multiple instalments.
Example businesses that would use these terms and conditions:
- Retailers selling t-shirts that have graphics on them designed by website visitors
- Retailers selling posters or artwork that have been designed by website visitors
We sell other templates for businesses that sell goods via their website:
Website terms and conditions template: international sale of goods to business is suitable for a retailer, wholesaler or manufacturer that sells goods to businesses only.
E-commerce terms and conditions template: retailer of goods is suitable for a retailer that sells goods to other businesses and direct to consumers. This template is suitable for most online retailers. For example, you might sell computer components primarily to businesses, but also perhaps to private individuals.
Website terms and conditions template: retail of hardware and licensed software is suitable for a business that sells products that use software developed or owned by the seller. This template is likely to be suitable for a manufacturer of an electronic product sells directly to end customers, or for software house sells third party products with their software.
Website terms and conditions template: retail of sourced or made to order products is suitable for a retailer who sources, creates or customises some products to a specification given by customers. For example, you may sell customised greetings cards, or source rare wine, or make made to measure suits.
We assume that you do not sell to distributors or wholesalers or retailers. If you do, you will need different terms on delivery, risk, retention of title (ownership) and return. See our sales agency agreements.
We also have a large range of website terms and conditions templates suitable for other businesses.
If you are in any doubt as to which template you should choose, please contact us.
The law relating to terms and conditions of sale
The law in these T&C is largely common law that deals with the basics of contracts: offer, acceptance, price and payment, delivery, returns, dispute resolution, liabilities and risk. Provided you comply with the law, you can set the terms you like.
The terms and conditions are valid for businesses based anywhere in New Zealand.
This template complies with the Contract and Commercial Law Act 2017, the Fair Trading Act 1986, the Consumer Guarantees Act 1993 as amended, and other latest consumer protection legislation allowing you to sell to businesses or consumers.
The terms and conditions template includes provisions that cover:
- Identification of the parties;
- Contract with customers;
- Contract with designers;
- Terms of licence with designers;
- Offer and acceptance;
- Price and payment: including taxes, charges and foreign currency payments, payment on credit account;
- Security of credit card information;
- Delivery: method, timing, delayed delivery, delivery in instalments;
- Foreign tax duties;
- Risk and retention of title;
- Liability for subsequent defects;
- Return of goods: reasons and procedure;
- Information provided by the customer: includes acceptable use policy and indemnity;
- Changes to information on your website;
- Protection of your intellectual property;
- Security of your website;
- Dispute resolution;
- Other miscellaneous legal provisions to protect you (warranties, exclusions, indemnities etc).
This document was written by a solicitor for Net Lawman. It complies with current New Zealand law.
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