(micro) business legal advice?

zaax

T&C's can't override consumer law. If the product is those different colour shoes they are not made for a person unless that had something personal on them , as they can be sold to someone else.

rosiulia

The items I will make will be the size colour and material that the customer require. Do I really need insurance if someone is allergic to a dye? Is it not possible to just write into the T&C's that I'm not responsible for any incident ? Also I think that I will include a 14 days return and a partial refund if the customer changes his/her mind or if the item is damaged I will be happy to replace it (make another similar item) if notified within 30 days from the delivery day. ( i do apologise for any grammatical errors)

Witless

rosiulia wrote: »

... Also I think that I will include a 14 days return and a partial refund if the customer changes his/her mind ...

From my reading the law thinks differently.

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

(This replaced the Distance Selling Regulations)

Witless

... or possibly not?

These include, CDs, DVDs or software if you've broken the seal on the wrapping, perishable items, tailor-made or personalised items.

Proper legal advice is probaly the route to follow.

Owain_Moneysaver

rosiulia wrote: »

The items I will make will be the size colour and material that the customer require. Do I really need insurance if someone is allergic to a dye? Is it not possible to just write into the T&C's that I'm not responsible for any incident ?

You can never limit or exclude liability for death or personal injury caused by negligence, liability for fraud, or strict liability. If you attempt to do so in a clause, the whole clause could be unenforceable.

If using standard terms and selling to consumers, you cannot limit your liability for damages caused by the failure of goods or services to conform to contract and be of satisfactory quality. It is a criminal offence to display terms which purport to limit this liability when selling to consumers.

Lupton Fawcett

I also don't think that making an item in a permutation of standard size, colour and material, to order for your manufacturing convenience means that the item is tailor-made or personalised in the sense the law means when allowing restriction of a customer's statutory rights.

rosiulia

Ok thank you. I've just expressed my intent, but I never thought that a piece of cloth can cause death.. Like i said I want to do this on social media only as I don't expect to sell more that 2-3 items weekly. I will try to seek legal advise on this. Reason why I've suggested that I should write that I will give partial refund for any returns just because the shoes or whatever piece of cloth doesn't appeal is because I will ask the payment in advance to buy the material (eg. The shoes which are ordered from Deichmann) and I'm not able to return the shoes if they are modified. Just a thought about the fact that someone can have an allergic reaction to the dye and I could get in trouble : can I just add to my page the ingredients of the dye,type of fabric and just put a warning that it might cause allergies? Just a thought. I honestly feel a bit down about this now I have plenty of Crafty friends which are selling o facebook and instagram but they sell personalised phone cases, handmade jewellery,photo frames, etc. And they told me is pretty straight forward with the legal part.

martindow

rosiulia wrote: »

Ok thank you. I've just expressed my intent, but I never thought that a piece of cloth can cause death.. Like i said I want to do this on social media only as I don't expect to sell more that 2-3 items weekly. I will try to seek legal advise on this. Reason why I've suggested that I should write that I will give partial refund for any returns just because the shoes or whatever piece of cloth doesn't appeal is because I will ask the payment in advance to buy the material (eg. The shoes which are ordered from Deichmann) and I'm not able to return the shoes if they are modified. Just a thought about the fact that someone can have an allergic reaction to the dye and I could get in trouble : can I just add to my page the ingredients of the dye,type of fabric and just put a warning that it might cause allergies? Just a thought. I honestly feel a bit down about this now I have plenty of Crafty friends which are selling o facebook and instagram but they sell personalised phone cases, handmade jewellery,photo frames, etc. And they told me is pretty straight forward with the legal part.

I'm afraid that there are trading laws that impose obligations on sellers. However much you would like to rewrite them they will over-rule anything you choose to write.

A lot of people are selling with nonsense terms and conditions that would hold no water and offer no protection to you if a customer exercised their legal rights.

In practice if you are producing good quality products and can get customers to pay an initial deposit you do not need to be afraid of consumer legislation. I would strongly suggest that you avoid using any of your own invented terms and conditions.

rosiulia

martindow wrote: »

I'm afraid that there are trading laws that impose obligations on sellers. However much you would like to rewrite them they will over-rule anything you choose to write.

A lot of people are selling with nonsense terms and conditions that would hold no water and offer no protection to you if a customer exercised their legal rights.

In practice if you are producing good quality products and can get customers to pay an initial deposit you do not need to be afraid of consumer legislation. I would strongly suggest that you avoid using any of your own invented terms and conditions.

So, shortly, who should I ask to assist me with the T&C's ?

Owain_Moneysaver

rosiulia wrote: »

So, shortly, who should I ask to assist me with the T&C's ?

a commercial solicitor.

martindow

rosiulia wrote: »

So, shortly, who should I ask to assist me with the T&C's ?

I'm not sure why you are so intent on creating terms and conditions.

Laws provide certain protections to customers which you can't over-ride. Anything you add could give customers further rights which I gather you don't want.