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Terms of service for an online shop: what yours must cover, and what they can't take away

The rules a customer agrees to when they buy from you. In a UK shop they sit on top of consumer law, never in place of it.

133TOS (Terms of Service)
A legal agreement between a service provider and a person who wants to use that service, outlining the rules and guidelines users must agree to follow.
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Usually called
Terms and conditions of sale, or just terms
Sits beside
Your privacy policy, returns policy and delivery information
Can't override
UK consumer rights, including the right to cancel most online orders
Shopify starting point
A template under Settings, then Policies, to edit, not to publish as it is

What your terms can't take away from a UK shopper

Let's be blunt: no clause beats consumer law. Goods have to be as described, fit for purpose and of satisfactory quality. Most online orders can be cancelled within fourteen days of delivery, whatever your terms say.

So a 'no refunds on sale items' line doesn't stop somebody returning a faulty one, and a term that's unfair to the customer isn't binding on them. None of this is legal advice. Get a solicitor to read your terms before you scale, sell abroad or launch subscriptions.

The terms your emails quietly depend on

Every 'terms apply' line at the bottom of an email points at a page. That page has to exist, and it has to say what the email implied. If you run subscriptions or loyalty, those terms deserve the most care.

  • Discount codes: who can use them, how often, what's excluded and when they expire
  • Loyalty points: how they're earned, when they expire and what they're worth
  • Subscriptions: how renewal works, how to skip or cancel, and when you'll remind them
  • Competitions: who can enter, how winners are picked, and that entering isn't signing up

And keep marketing consent out of your terms altogether. It has to be its own clear choice, never a line buried in conditions somebody accepted to check out. The ICO's direct marketing guidance is the place to check the current position.

FAQs

FAQs

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Is it a legal requirement to have terms and conditions on a website?

No single rule says you need a page with that title. UK rules do require you to tell buyers certain things before they order, like who you are, the total price, delivery arrangements and their right to cancel, and terms are where most shops keep them. Running a shop without any is asking for an argument you can't win.

Can I copy another shop's terms of service?

Don't. Their wording belongs to them, and it describes their returns, their delivery and their products, not yours. Copied terms that don't match how you actually trade are worse than short ones that do. Start from Shopify's template, rewrite it around how you really work, then have a solicitor check it.

Can marketing consent sit inside our terms and conditions?

No. Consent to marketing has to be a separate, clear choice, so accepting your terms to complete an order can't double as agreeing to emails. Ask for it on its own, with an unticked box and wording that says what's coming. Existing customers may still be reachable through the soft opt-in instead.

Rather we explained it on your own account?

Bring your Klaviyo account to a growth consultation. We'll walk through what this means for your numbers, in plain English, and what we'd fix first.

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