For Conditions of Sale (also called user) conditions means the contract that regulates online sales relationships between the user and the owner/seller of a site or application (mobile or desktop).
For e-commerce, i.e. online stores that carry out commercial activities and carry out transactions electronically, this document is mandatory and includes numerous clauses governing the methods of sale, delivery, payment, withdrawal, as well as mandatory information (name or company name, registered office, VAT number, REA, pec, etc.) which must be published on the site. It is advisable to upload the general conditions of use to your site or app even if the site does not sell anything. This is to make users aware of their rights and obligations and to protect the rights of the owner by limiting his responsibilities.
When using the terms of sale
The conditions of sale are necessary especially if you want to open e-commerce. In particular, they are mandatory when the buyer of goods and/or services sold online is a consumer, understood as the person who acts for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out.
In fact, the consumer who buys a good online does not have the possibility to ascertain whether the characteristics correspond to his expectations. To protect it, the legislator has provided for a series of safeguards that include disclosure obligations:
- identification and contact details of the seller
- characteristics of the goods and/or services sold
- existing commercial guarantees
- payment and delivery methods
- processing of personal data
- withdrawal (cancellation of the purchase).
In particular, the consumer must be informed about the methods and terms of withdrawal which can never be less than 14 days from receipt of the goods or from the conclusion of the contract in the case of provision of services. In this case, the right of withdrawal ceases if the user has accepted that the supplier immediately commences the provision of the service.
Furthermore, for the download of digital products without material support (files, videos, pdfs, etc.), it can be provided that the right of withdrawal ceases if the execution has begun with the express agreement of the consumer to lose the right to withdrawal.
In the absence of such information or in the event of incorrect and non-compliant information, the deadline for exercising the withdrawal will be 1 year and 14 days. The document also contemplates the cases of sale of those products that do not have the right to withdrawal (for example tailor-made products, perishable goods, newspapers and magazines, audiovisual products or sealed software, if opened by the consumer).
A variant of this document can be used to set the rules of use for an e-marketplace website or app, in order to correctly regulate the relationship between users, the owner of the e-marketplace platform, and third-party sellers. In this case, the subscription conditions for the e-marketplace must be used.
This document can only be used for an online sale. For a non-online sale of movable property, a movable property purchase agreement must be used, which must be signed by the parties.
What the facsimile general conditions of sale contain
Our model general conditions of sale meet all legal requirements and are customizable for all common types of sites or mobile or desktop apps. The main clauses concern:
- Characteristics of the goods and/or services: brief description of the products and/or services sold which can be both physical and digital
- Prices and payments: to define the payment methods and pricing policies for taxes and any additional costs;
- Subscriptions: if provided, it will be possible to adjust the times and methods of renewal, cancellation, and trial
- Delivery and withdrawal: times and methods for the delivery, withdrawal, and return of goods according to the obligations established for each specific type of product or service
- Legal guarantee of conformity: to comply, if necessary, with the obligations of consumer protection in the event of the purchase of defective products or products that do not respond to the declared use
- Liability: to exempt or limit the seller’s liability by avoiding any claims for damages
- Copyright: to prohibit the exploitation of the application contents, or choose a Creative Commons license that allows you to copy and distribute the contents for commercial or non-commercial purposes
- Registration and user content: managing registered users and uploading posts, comments or other content to effectively regulate your community in all cases of abuse such as copyright infringement, violence, spam, etc.
- English language: if your customers will be abroad you can also create the document in English.
Once you have downloaded your document, we will guide you step by step to complete all the necessary subsequent tasks.
For special needs on the document, it is always possible to request additional changes to our legal team.
Information you need
Some website or app data is required to complete the template. If you don’t know where to find this information we will help you with creating the document.
Remember that our service does not generate simple facsimile general conditions of sale. Based on your choices, the system automatically processes a document customized to your needs, guaranteeing its legal correctness.
The document can be modified in all its parts without time limits. Don’t worry so if you don’t have all the information available right away, you can always enter it later.
Other useful templates and facsimiles
- Website or App Development Agreement: to entrust the development of software to a supplier
- User License Agreement: to use an intellectual property right (trademark, patent, know-how, design, software, etc.)
- E-marketplace Membership Conditions: to regulate the relationship between the owner of an online marketplace and suppliers who sell products and/or services to users
- Contract for the sale and purchase of movable goods: to transfer the ownership of any movable property to a buyer