Terms and Conditions

[msfreud]

Does the fact that a customer buys something from a website imply automatically that he agrees with the Terms and Conditions of that website? Is the website required to have that checkbox at checkout that requires the user to tick saying that he agrees with the terms?
Thanks

[LimeLegal]

Depends on how clear the terms are but in most cases it can be argued as enough. Ideally web site traders selling to consumers ( particularly) should get a box ticked AND confirm the terms in the receipt/invoice/order confirmation email.

[msfreud]

Originally Posted by LimeLegal

Depends on how clear the terms are but in most cases it can be argued as enough. Ideally web site traders selling to consumers ( particularly) should get a box ticked AND confirm the terms in the receipt/invoice/order confirmation email.

What about limitation of liability disclaimers in Terms and Conditions on a website? Are they imposable for example in the case that the website sells bespoke 'made to order' photographic prints? For example an artist orders some photographic prints that he intends to use for some exhibitions, he receives from the trader some wrong color prints, can the artist sue the trader for some eventual losses he incurred even if the trader has a disclaimer of limitation of liability on its website?

[fisicx]

Trading standards has a good article on the issue: Buying Goods - your rights

This is an equally good read: Selling on the net

And if you read the businesslink example policies you will not see anything that exempts the website from the sale of goods act.

I would suggest the the T&C cannot overule the business form their statutory duties.

[LimeLegal]

Highly unlikley in a B2B situation that a business could recover loss of earnings from a web site order causing problems. In such cases where time is 'of the essence' this deadline must be agreed in advance and normally is the subject of additional terms for that order.