Terms and conditions

[Dixy]

Does a business have to publish terms and conditions or can they just use the customer rights act.

[akirk]

for what?

[StevieBee]

There's no law that requires you to do so but having them is a good idea. Nobody reads them of course but can be used to protect your interest in case of legal dispute.

[jonby]

It's perhaps worth pointing out that a company's terms & conditions are essentially irrelevant if they can't prove pre-contractual incorporation, which is proof the other side saw and agreed to the terms prior to a transaction taking place

Even if invoices refer to 'subject to our terms which are available on request', or if they appear on websites & brochures/price lists, the onus is on the company looking to rely on their terms to prove the other side has seen them and accepted them

As a result there are essentially only two positions - either the company can prove incorporation of Ts&Cs which will then apply, or they can't prove incorporation in which case English law applies. The mere creation of a set of terms in itself has little bearing