Whether your business is business to business or business to consumer, and whether you supply goods or services your Terms & Conditions are a fundamental part of the Contract you make with your customer/client.
Some business’s don’t want to publish their T’s & C’s online. Reasons could be that they don’t want to publish prices or fees. There are ways around that.
So what happens if you don’t publish your Terms & Conditions online but send them by email or send hard copies to be signed and they aren’t signed or acknowledged, are they binding?
Maybe not.
THE MOVECO CASE
In 2019 I acted for a busy working single mother, moving house. The Removals Company I will call Moveco. Moveco did not post their Terms & Conditions on their website. This relates to a successful claim by my client for loss which Moveco tried to avoid.
The Terms were attached to an email sent to my client at the beginning but never signed by her.
My client suffered losses to the tune of £10,000. The Terms limited her claim to £400.
As a result of the Terms not being posted on the Moveco website and not being acknowledged by my client she was not bound by them. [Hamad M Aldrees & Partners v Rotex Europe Limited 2019EWHC]
My client got compensated by Moveco for her actual loss.
A Review would have highlighted potential risks for Moveco and might have avoided these problems for them and the cost.
