Considerations for writing T&Cs as a retailer
Terms and conditions act as the legal agreement between you and customers who buy your products. These terms may include exclusion clauses or disclaimers. The intent behind having a set of terms is to protect your business interests.
Please note, your terms and condition will not overrule what is stated in the Consumer Guarantees Act. Customers will still be covered by the Act, no matter what your terms and conditions state.
What should terms and conditions include?
If you supply goods and services, you should have clear terms and conditions to minimise possible disputes from arising. To protect yourself from potential disputes, your terms should include:
- Definition of goods and services
- Disclaimer clause
- Exclusion clause
- Refund policy
- What you are responsible for
We recommend that you set your terms out with the most important clauses first. Ensure you regularly review these to ensure they are kept up to date with any information changes.
Tips for drafting terms and conditions
Identify business issues
You should identify any issues that might arise from selling your goods and services. Once these have been identified, you can draft your terms and conditions to mitigate these issues. It is important to note that your terms need to be reasonable. If they are unreasonable, they might not be enforceable.
Use plain language
Your customers should be able to easily understand your terms and conditions. We recommend you use plain language. Avoid using technical terms and jargon that customers cannot understand.
If you’re still not sure, you can contact us at advice@retail.kiwi or give us a call on 0800 472 472 (1800 128 086 from Australia).
