Legal
Do I need terms and conditions on my website?
If you sell anything, yes — and you need two documents, not one. Terms of service govern using the website; terms of business govern buying from you. Conflating them leaves the commercial relationship undefined, which is where most disputes start.
The difference between the two
- Terms of service
- Acceptable use, intellectual property, disclaimers, governing law. Applies to every visitor.
- Terms of business
- Scope, price, payment schedule, revisions, delivery, ownership on final payment. Applies to customers.
What terms cannot do
They cannot exclude liability for death, personal injury or fraud, and they cannot remove statutory consumer rights. A clause reading "no refunds under any circumstances" is void against a consumer where a statutory cancellation right exists, and including it undermines the credibility of everything else in the document.
What makes them enforceable
- You are identifiable — a real trading name and contact address, not just a form
- They are findable before the transaction, not only in a footer
- They are dated, and the date is updated when the terms change
- They are indexable rather than hidden behind a noindex tag
The longer version
This answer is deliberately short. If you want the full treatment, Buying a website: the questions that decide what you actually own covers it in about 5 minutes — free, ungated, written from client work.
Who answered this
Anas Bin Masud builds e-commerce sites and does technical SEO for businesses in the UK, Canada and Pakistan — fifteen live client sites, six of them stores taking real payments. These answers come from those projects rather than from a content brief. More about how I work, or ask me something directly.