Terms and Conditions for Online Sales
(Retailers to Consumers)

Summary

This terms and conditions for online sales template can be used for the online sale of goods and related services by retailers to consumers. It is drafted in favor of the retailer (sometimes referred to as seller in this template). This template includes practical guidance, drafting notes, and an optional clause. Article 2 of the Uniform Commercial Code (UCC) governs the sale of goods, while agreements for the provision of services are generally governed by applicable state common law. Thus, this template refers to the UCC's application, but note that courts sometimes apply the principles of Article 2 to the provision of services (particularly when an agreement calls for the provision of both goods and services), and as such, both Article 2 and state common law apply to such contracts. This template reflects e-commerce terms and conditions that govern the online sale and purchase of goods and services. They should not be confused with a company's Website Terms of Use, which serve to govern a user's use of its website in general. This template assumes that the buyer is purchasing the goods for its own use and/or incorporating them into its products. If the buyer is a reseller/distributor, these terms must be revised accordingly. It is also intended to be used solely by U.S. entities engaging in business in the U.S. It is also intended for use in B2C transactions, which are governed by relevant Federal consumer protection laws, including the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, 15 USC §§ 2301 to 2312. For additional guidance, see E-Commerce Fundamentals, E-commerce Payment Mechanisms, Magnuson-Moss Warranty Act and Consumer Product Warranties under the Magnuson-Moss Warranty Act Checklist.