Yes.

If you are making online sales, you will be collecting personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual. from customers who use your website or app (eg payment information, names and addresses that customers give you, or data that you collect about them through the use of cookiesSmall text files which businesses will download onto computers, smartphones or similar devices when those using the devices access the business' website. Cookies allows the business to store information about the choices and preferences of those who visit the site. ). See Privacy and cookies for full details, and Cookie policy and Privacy policy for templates that you can use.

Bear in mind that if your website is likely to be accessed by children, you should also comply with the ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals.'s Age Appropriate Design CodeA statutory code of practice published by the ICO for providers of 'information society services which are likely to be accessed by children'. The Code provides standards and guidance to help relevant information society services ensure that children's personal data is properly safeguarded. It might also be called the 'Children's Code'. The Code came into force on 2 September 2020. ICO statutory codes of practice are not law, but the ICO must take compliance with them into account when considering whether a business has breached its data protection obligations. to ensure that their personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual. is safeguarded. For more information, see Privacy and children.

If you choose to have standard terms and conditions, you should provide a clear link to them on your website and ensure that they are in a format that can be downloaded and printed off by the customer. It is common practice to put a link in the footer on every page of your site. It is good practice to also include a link and a tick-box near the end of your online sales process to make customers acknowledge that they have seen your terms and conditions before they can actually make a purchase.

To help improve your customers' understanding of terms and conditions of sale, the UKUnited Kingdom of Great Britain and Northern Ireland government recommends that businesses:

1. use a FAQ format to present key terms, eg 'How can I return items?';

2. illustrate key terms with icons, eg using a pound sign next to the question 'How much does it cost me to return an item?';

3. provide terms in a scrollable text box rather than requiring customers to click into a different page to view;

4. provide information in short chunks at the right time, eg using a pop up box when requiring a customer's email address explaining why you need it;

5. use illustrations and comics to explain certain processes such as how to cancel the contract;

6. tell customers how long it will take to read your terms and conditions; and

7. letting customers know when it is their last chance to read your terms and conditions.

Template Terms and conditions are suitable for online sales, including sale of goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items., sale of services, and sale of goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. and services.

Make sure you understand what rights your customers are legally entitled to when it comes to returns, refunds and complaints and the policies you need to have in place to deal with this; see Customer service when selling online for more information.

If you offer services as a consultantA person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor., see Documentation for consultancy services for template contracts you can use. You can use Consultancy agreement for a template consultancy contract that will favour you, as the freelancerA person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor..

Once you have agreed an online sale with a customer, you should not change your terms and conditions of sale without that customer's consent. Otherwise, you risk your change being unfair and unenforceable. If you use Terms and conditions, these terms specify that you must get your customer's signed consent in writing to any changes you make.

If you use your own bespoke terms and conditions, you should make sure your terms are not unfair to customers, and get their consent in writing to any additional changes you make to the terms after you have completed a sale. For example, it is likely to be unfair to include terms such as:

1. prices of goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. may be raised if stock prices or other costs increase before delivery;

2. delivery dates and costs may be changed at any time; or

3. the business can change its terms at any time as it deems necessary.

The most common age-restricted products which cannot be provided to people under the age of 18 are:

1. tobacco, cigarette papers and lighters;

2. alcohol;

3. knives, any product with a blade or which is sharply pointed and could injure, unless it is a folding pocket knife with a blade of no more than three inches long or razor blades that come in a cartridge (as opposed to loose blades);

4. corrosive substances;

5. gambling services or goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items.; and

6. fireworks, unless it is an F1 fireworkA category of firework which presents a very low hazard and negligible noise level and which is intended for use in confined areas, including inside domestic buildings. (which should be indicated on the packaging) (legal age is 16) or a Christmas cracker (legal age is 12).

See Q&A 9 for information on how to check whether the person you are selling to online is not underage. Note there are specific requirements for selling knives re; these are currently outside the scope of this service. If you sell knives online, through mail-order or over the telephone, you must comply with the relevant rules. You can find the rules on the Government's website.

It is up to you to make sure you are satisfied that you have done everything possible to verify your customer's age. When selling online, you can:

1. require payment by a credit card in the name of the customer (as usually credit cards are only available to those aged 18 or over);

2. insist on age verification upon delivery through ID checks (some courier services will not accept this responsibility, so check with yours);

3. require collection in-store if you have one, so that you have an opportunity to check ID then; and/or

4. set up online verification checks (software which can include checking the electoral register or credit reference agencies).

If there is any doubt that the customer is old enough to make the purchase, you should refuse the sale.

You are legally required to make certain information available to people who visit your website or app.

You can provide all of this information in your sales terms and conditions and your privacy and cookiesSmall text files which businesses will download onto computers, smartphones or similar devices when those using the devices access the business' website. Cookies allows the business to store information about the choices and preferences of those who visit the site. policy. If you use our templates and include a footer or contact details page as per Q&A 12, the legally required information is all accounted for. See Privacy and cookies and Terms and conditions for template documents you can use.

If you do not use these templates, check your website covers the following:

1. your privacy policyA statement made by a business explaining what information it collects about individuals and how and why it will be used, stored and shared. and cookieA small text file which a business will download onto a computer, smartphone or similar device when someone using the device accesses the business' website. A cookie allows the business to store information about that person's choices and preferences. policy (see Privacy policy and Cookie policy for templates);

2. details about your business (eg whether you are a limited companyA public or private company whose owners are responsible for its losses only to the extent of the amount of money they invested., contact details etc – see Q&A 12);

3. if you use your website as a portal for sales:

   1. accurate information about what you are selling, price, delivery options etc (see Q&A 15 and following);

   2. details of the customer's right to cancel a contract (see Q&A 13);

   3. your general returns and refunds policy;

   4. your complaints handling policy, if you have one;

   5. a reminder that you will supply any goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. that are as described on your website;

   6. details of any after-sales services or guarantees(1) In the context of debt, contracts under which one person agrees to pay the debtor's debts if the debtor cannot pay themselves. (2) In the context of sale of goods, promises to a customer which are given freely (without charging extra money) that the goods they are buying will meet certain standards, and if they do not the person making the promise will do something to make up for that (eg give a refund, or repair or replace the goods). you offer; and

   7. a model cancellation form which consumersPeople purchasing goods and services for personal use/acting outside of their professional or working capacity. can use to cancel their contract with you (see Cancellation form). You should provide a link to both a form that can be filled in and submitted online, as well as a printable version, on your website.

      Note that this is only a legal requirement if your customers are consumersPeople purchasing goods and services for personal use/acting outside of their professional or working capacity. . There is no automatic right to cancel for business customersCustomers who are acting in a professional, business or working capacity (in contrast to consumers). and no legal requirement to provide the cancellation form.

You must set out whether you are a limited companyA public or private company whose owners are responsible for its losses only to the extent of the amount of money they invested., sole traderA business owned and operated by a single individual, which is not a company or partnership. The individual is entitled to keep all profits made by the business (subject to any tax reduction) but is also personally responsible for any losses that the business makes. or partnership and:

1. the name and address of your business;

2. contact details, including an email address;

3. if your business is a limited companyA public or private company whose owners are responsible for its losses only to the extent of the amount of money they invested., your companyA private company limited by shares incorporated and registered in England and Wales. 's registered numberThe registered number of a company, which is allocated by Companies House at incorporation and set out on a company's certificate of incorporation., the part of the UKUnited Kingdom of Great Britain and Northern Ireland where it is registered (eg England or Wales) and the address of your companyA private company limited by shares incorporated and registered in England and Wales. 's registered officeAn address a company is required to have, which must be in the same UK jurisdiction in which the company is registered, to which communications and notices may be sent. (if different from its usual address);

4. your business's VATValue Added Tax. A type of tax which is charged when goods or services are supplied to a person in the UK. number, if registered;

5. if you are acting on behalf of another trader (eg if you provide an online platform selling content developed by different programmers), the geographical address and identity of that other trader;

6. if your business is part of a regulated profession (eg lawyers, accountants) or is supervised under an authorisation scheme (eg a gambling authorisation scheme), details of that profession or scheme and a link to any rules or code applicable to you as a result; and

7. if you are required to hold professional liability insurance or guarantees(1) In the context of debt, contracts under which one person agrees to pay the debtor's debts if the debtor cannot pay themselves. (2) In the context of sale of goods, promises to a customer which are given freely (without charging extra money) that the goods they are buying will meet certain standards, and if they do not the person making the promise will do something to make up for that (eg give a refund, or repair or replace the goods)., information about your insurance/guarantee(1) In the context of debt, a contract where someone agrees to pay if the debtor cannot pay themselves. (2) In the context of sale of goods, a promise to a customer which is given freely (without charging extra money) that the goods they are buying will meet certain standards, and if they do not the person making the promise will do something to make up for that (eg give a refund, or repair or replace the goods). and your insurer's or guarantorSomeone who agrees to uphold someone else's obligations in a contract if that other person fails to do so.'s contact details.

See Q&A 11 for guidance on other information that you must set out on your general website pages.

You are required to set out certain information about a customer's right to cancel on your website, including the conditions, time limit and procedures for doing so. What you need to say depends upon whether you are selling goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items., services or digital contentAnything which is produced and supplied in digital form (ie, not on a physical storage device like a DVD). For example, streamed video or downloaded software. or a combination of them, and whether the customer is a consumerA person who purchases goods and services for personal use. Someone who is acting outside of their professional or working capacity. or another business (there is no automatic right to cancel online sales between businesses).

Our standard terms and conditions set the information out in the required manner and it is suggested that you use these in order to comply with your legal obligations. See Terms and conditions. See Customer service when selling online for practical guidance on dealing with cancellations.

If the consumerA person who purchases goods and services for personal use. Someone who is acting outside of their professional or working capacity. buys goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items., they have longer to cancel and make a return if you fail to tell them about their rights upfront.

The consequences vary depending on whether you tell them late, or fail to tell them at all.

If you only tell them about their rights at some point during the 12 months following the purchase, the customer has 14 days from when you tell them to cancel and return the item. However, if you do not tell them about their rights at all, then they can cancel and return their (unused) goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. at any point up to a year and 14 days after they made the purchase.

These automatic rights only apply to customers who are consumersPeople purchasing goods and services for personal use/acting outside of their professional or working capacity. , not other businesses.

In addition to the general information that you need to set out on your website or in your terms and conditions (see Q&A 11 for information about this), you must also set out the following information about the particular products or services you are offering on your website, and how the customer can purchase them:

1. a description of the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items., services, or digital contentAnything which is produced and supplied in digital form (ie, not on a physical storage device like a DVD). For example, streamed video or downloaded software. (see Q&A 17 for details of what to include in a description of digital contentAnything which is produced and supplied in digital form (ie, not on a physical storage device like a DVD). For example, streamed video or downloaded software.);

2. a clear indication of your prices (see Q&A 18);

3. how the customer can pay and which payment methods you accept (see Q&A 19);

4. the delivery options you offer, including any charges or restrictions on delivery (see Q&A 20);

5. for long-term or rolling contracts, how long the contract will last and details about how it can be brought to an end; and

6. details of any additional services or items that the customer has the option of paying for (eg the option to purchase insurance with jewellery) – note that you cannot include add-ons automatically, the customer must actively choose them (see Q&A 21).

Your website must make the following clear:

1. how the customer can complete their purchase, eg a button marked 'click here to continue with your order';

2. how the customer can identify and correct input errors before they place an order (this may include the ability to remove or change the quantity of items in their basket or edit the delivery details); and

3. a feature which clearly requires the customer to give their consent to the contract and to their duty to pay you, such as a 'pay now' button.

Before the customer places their order, it is a good idea to include a tick-box which the customer must mark to confirm they have read and understood your terms and conditions.

For digital contentAnything which is produced and supplied in digital form (ie, not on a physical storage device like a DVD). For example, streamed video or downloaded software. such as streaming services or downloadable software, this should describe its functionality, technical protection measures (eg virus-protection software), and compatibility information. Customers must be able to see this information before they buy. There are certain rules about what claims you can make about your goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. and/or services; see What to include in an advert for further information about this.

If you are selling digital contentAnything which is produced and supplied in digital form (ie, not on a physical storage device like a DVD). For example, streamed video or downloaded software. and intend to provide it to a customer who is a consumerA person who purchases goods and services for personal use. Someone who is acting outside of their professional or working capacity. within 14 days of them placing their order, there are additional rules. You must obtain the following (perhaps using a tick-box):

1. express consent to the download starting sooner than 14 days' time; and

2. acknowledgment that they will lose their legal right to cancel the order as a result.

See Q&A 15 for the general information that you need to give about what you sell.

You must give information on the price of goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. or services, including any taxes, or the method of calculating the price (eg £15 per hour or £4.99 per metre) as well as details of any deposits or guarantees(1) In the context of debt, contracts under which one person agrees to pay the debtor's debts if the debtor cannot pay themselves. (2) In the context of sale of goods, promises to a customer which are given freely (without charging extra money) that the goods they are buying will meet certain standards, and if they do not the person making the promise will do something to make up for that (eg give a refund, or repair or replace the goods). that must be paid.

For rolling contracts (eg subscriptions), you should also state the total cost per billing period (eg £4.99 per month). There are rules about how you present your prices; see Descriptions, pricing and labelling for details.

See Q&A 15 for other product or service information that is required.

You must include information about how the customer can pay and which payment methods you accept. There are limits on the amount of additional fees you can charge customers and how you can impose these charges. In most cases you are not allowed to charge an additional fee (surcharge) to a consumerA person who purchases goods and services for personal use. Someone who is acting outside of their professional or working capacity. because they choose to pay with a credit card, debit card, e-money, PayPal or payment method other than cash or cheques. However, if your bank or the customer's bank is not located in the EEAThe European Economic Area. The EU member states, plus Iceland, Lichtenstein and Norway., you can usually charge back to the consumerA person who purchases goods and services for personal use. Someone who is acting outside of their professional or working capacity. the cost of receiving the payment.

Due to the introduction of strong customer authentication regulations, customers buying online must provide two forms of identifying details when making a payment (identifying details include passwords or pin codes, possession of a payment card or mobile phone or biometric details like fingerprints). The obligation to require the extra information usually falls on payment service providers (PSPs) such as banks and card processors, and not all transactions will require strong customer authentication, such as one-off purchases under £30.

See Q&A 15 for other product or service information that is required.

You are under a legal obligation to deliver goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. ordered online within a particular time frame; this depends upon whether the customer is a consumerA person who purchases goods and services for personal use. Someone who is acting outside of their professional or working capacity. or a business customerSomeone who purchases goods, digital content or services as part of their business, trade or profession, rather than as a consumer..

1. ConsumerA person who purchases goods and services for personal use. Someone who is acting outside of their professional or working capacity.

   As a minimum, you must deliver goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. as soon as possible within 30 days of the order being placed.

2. Business customer

   As a minimum, you must deliver the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. within a reasonable period of time. What is reasonable depends on the circumstances, including what is normal in the industry for goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. of the type you are selling.

Many businesses will offer various options for delivery, and if you do this then you must deliver the order within whatever time the customer has agreed to and paid for.

It is recommended that you set out your policy in your terms and conditions; see Q&A 5 for further information about how to do this.

See Q&A 15 for other product or service information that is required.

No.

You must get your customer's express consent to paying for any additional items, eg if you sell insurance or aftercare packages to go with expensive items. The customer must actively do something to indicate that they want the additional item; you cannot rely on a pre-ticked box, for example. If you do not get the customer's express consent (eg you add insurance to all sales automatically), you may be required to reimburse the customer for the additional costs if they object later.

See Q&A 15 for other product or service information that is required.

Usually yes, if the customer is a consumerA person who purchases goods and services for personal use. Someone who is acting outside of their professional or working capacity. , not another business. If you sell services and intend to start providing a service within 14 days of a consumerA person who purchases goods and services for personal use. Someone who is acting outside of their professional or working capacity. placing their order, it usually affects their right to cancel.

You need the customer to confirm when they want their service to start and that they know they cannot cancel once the service has been completed. A tick-box on the order page is fine.

There are some exceptions to this – a number of specific types of services where you do not need to give consumersPeople purchasing goods and services for personal use/acting outside of their professional or working capacity. this warning. The most common relate to financial services and things that are usually booked for specific dates eg travel, events and leisure bookings, emergency house repairs etc.

Yes. Once your customer has placed their order for goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. or services on your website, you must acknowledge the order as soon as possible in writing or via an email.

If your customers are consumersPeople purchasing goods and services for personal use/acting outside of their professional or working capacity. , you must confirm any of the information set out in Q&A 11 and Q&A 15 that you have not already given them (providing links to your website is fine).

You should include a link to your privacy policyA statement made by a business explaining what information it collects about individuals and how and why it will be used, stored and shared. in the confirmation email. For a template privacy policyA statement made by a business explaining what information it collects about individuals and how and why it will be used, stored and shared. see Privacy policy.

You must also confirm how and when the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. will be delivered, digital contentAnything which is produced and supplied in digital form (ie, not on a physical storage device like a DVD). For example, streamed video or downloaded software. supplied or service completed (as appropriate).

Where you have sold digital contentAnything which is produced and supplied in digital form (ie, not on a physical storage device like a DVD). For example, streamed video or downloaded software. to the customer and they have consented to your providing it immediately and acknowledged that they will lose their cancellation right as a result, you must provide confirmation of this consent and acknowledgement. See Q&A 22.

Make sure you send the confirmation before you deliver your goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. to the customer or start providing your service, at the latest.

If your confirmation email contains any marketing information (eg details of other products the customer may be interested in) you must usually have prior consent from the customer before you can legally send the email to them. The ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. recommends providing an unsubscribe link in any emails that include marketing information. For information on how to obtain valid consent to direct marketingAdvertising or marketing which is targeted specifically at a particular individual (as opposed to being aimed at a general market). For example, an email sent to individual email addresses with details of an online sale. communications, see Obtaining consent for direct marketing.

If you are thinking about selling through an online marketplace, it is worth comparing the different sites as the ways in which they work differ. Before you decide to sell through an online marketplace, you should review its terms and conditions thoroughly. There are a number of areas which will affect how you run your business on a day-to-day basis and which you should therefore pay special attention to.

For example, you should check:

1. what fees are payable (eg subscription and transaction or commission fees) and whether fees differ depending on the way you set up your online marketplace account;

2. what restrictions are made on the way you interact with customers (for example, you usually cannot use their details to send marketing materials to them or ask them to remove or alter reviews of your products);

3. the delivery requirements (some marketplaces require you to send goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. within a certain time frame); and

4. the circumstances in which you are required to obliged to accept returns.

Four of the most commonly used online marketplaces are the following:

1. Amazon

   You can sell a wide variety of items through Amazon. There are several restrictions placed on how you can sell and deal with goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items., so you should read the terms and conditions carefully.

2. eBay

   You can sell a wide variety of items through eBay, and the fees imposed are not as high as some other marketplaces.

3. Not On The High Street (NOTHS)

   NOTHS specialises in selling bespoke and handmade goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. and goes through its own vetting process before allowing you to sell on its website; as such, it is a useful option if you are selling these types of goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items., as it is known for its specialism in these types of product. Its fees are generally higher than they would be if you sold through Amazon or eBay.

4. Etsy

   Etsy specialises in selling handmade and vintage goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items.. Etsy is less restrictive than most other marketplaces, but the main restriction is that UKUnited Kingdom of Great Britain and Northern Ireland sellers are required to use Etsy Payments to accept payments from buyers, which incurs a payment processingIn relation to data protection, processing data covers any action taken in respect of the data, including: collecting, storing, using, disclosing and erasing or destroying it. fee

There are detailed rules for moving goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. to and from Northern Ireland, which are outside the scope of this service. If you trade with Northern Ireland you can sign up for the free Trader Support Service which helps guide you through the process.

The government recommends that you engage a customs intermediary (like a freight forwarder or customs broker) to help you with importing and exporting from and to the EUThe European Union. They can also help you classify your goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. properly and evidence their origin. Engaging a customs intermediary is particularly important if you are exporting or importing controlled goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items., as you cannot delay customs declarations.

If you provide online services in the EEAThe European Economic Area. The EU member states, plus Iceland, Lichtenstein and Norway., you will need to ensure that you follow the rules of each EEAThe European Economic Area. The EU member states, plus Iceland, Lichtenstein and Norway. country you operate in.

If you operate an online service in the EEAThe European Economic Area. The EU member states, plus Iceland, Lichtenstein and Norway., the Government has advised that you should:

1. check whether your online service is required to follow the rules of each EEAThe European Economic Area. The EU member states, plus Iceland, Lichtenstein and Norway. country you operate in. The vast majority of online service providers such as online retailers, video sharing sites, and social media platforms will be caught. If you are not sure how this applies to you, you can access a specialist lawyer in a few simple steps using our Ask a Lawyer service;

2. check where your service is based (your place of establishment);

3. if you are UKUnited Kingdom of Great Britain and Northern Ireland-based, check for any legal requirements in the EEAThe European Economic Area. The EU member states, plus Iceland, Lichtenstein and Norway. countries you operate in (such as rules relating to online shopping or contracts and licensing requirements);

4. ensure that you have ongoing compliance processes in place to check for future changes in EEAThe European Economic Area. The EU member states, plus Iceland, Lichtenstein and Norway. requirements; and

5. consider getting legal or other professional advice about your continued operation.

For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.