How many ways to make T's & C's legally binding?

[the_hitma]

Apart from a signature, are there any other ways a retailer can get a customer to accept the Terms and Conditions of Sale, which will stand up in court of law in England.

I am a mail order business and take payment via telephone only.

Mailing out terms and conditions tends to either:

1. put people off
2. get no response - people can't be bothered or don't have the time

Any advice much appreciated.

 

[Retail-Therapist]

As long as you are adhering to the distance selling regs yourself, then as long as you have published you own T&C's and state they are legally binding from the moment they purchase from you, then I'd have thought that would suffice.

 

[cjd]

You create a box that the customer must tick in order to continue on to the purchase (with a link to your T&Cs) and you keep a record of it with time stamp to show that it was done.

 

[the_hitma]

You create a box that the customer must tick in order to continue on to the purchase (with a link to your T&Cs) and you keep a record of it with time stamp to show that it was done.

Hi. Thanks for your response.

My customers do not pay online because our products are high end and expensive and so we take payment over the telephone.

 

[cjd]

My customers do not pay online because our products are high end and expensive and so we take payment over the telephone.

Sorry, long day.....the bit where you said "I am a mail order business and take payment via telephone only"....was probably the clue that I should have spotted

As far as I'm aware, you can't do it without reading the customer the T&Cs - or at least the vital parts - and keeping a recording of the conversation. To be legal, you must also inform them that you are recording the call.

Some tips and guidance on call recording here (scroll to the 'is it legal' bit):
http://www.voipfone.co.uk/Call_Recording.php

There are additional statute stuff you have to do if you sell to consumers - they're pretty hot on 'durable' communications.

DTI guidance (surprisingly readable) on distance selling is here:
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

But if it's really important you should get proper advice from a specialist

 

[the_hitma]

What about emailing the Terms and Conditions of Sale with the invoice/receipt, and asking for a reply stating they have read them and understood?

Thank you.

 

[nicola jane]

When you place phone order etc for companies like SKy or BT they say you accept the T&C by using the service - No one ever signs the T&C's - it is just read out and get them to say "I agree" etc

 

[the_hitma]

When you place phone order etc for companies like SKy or BT they say you accept the T&C by using the service - No one ever signs the T&C's - it is just read out and get them to say "I agree" etc

I understand. But they record every phone call and it is accepted by the general public.

If customers thought I was recording conversations, it just wouldn't wash.

I need something else.....

I'm thinking the email confirmation would suffice?

 

[BakerSN1]

A lot of companies and them to the reverse of estimates/quotes/invoices etc.. I believe this is because you only have to demonstrate that you have provided them with your T&C's and if they have accpeted your estimate or paid your invoice they can not say that they were never given a copy of them.

I'd get legal advice though as this is just what I have come across in the past and may depend on at what stage you need to provide them with the T&C's for them to be enforced.