Does your Terms of Sale policy cover you for Specials or Holiday Promotions?
Holiday and special promotion times such as Christmas sales, New Year or EOFY sales, Black Friday, Cyber Monday, Easter, IWD, etc, are all great times for small businesses to inject much-needed cash into their beautifully crafted businesses or to clear out the old to make way for the new.
You have no doubt spent a lot of time and effort and money too, handcrafting products, selecting items for your shops from different bespoke suppliers, or developing your services and packages… So don’t put that all to waste by not protecting your business when you decide to run a promotion!
Terms of Sale
Terms of Sale is a very important document for you and your clients. It will apply to all products and services and is critical to educate your client in your processes in “business as normal” periods. This document should clearly map out what they can expect when they do business with you, and they should be able to review these terms before completing a sale.
Your Terms of Sale document sets out key information for your customers and clients about pricing, delivery times, cancellations, refunds, replacements, shipping, and all of the details related to the before, during and after of a customer making a sale with you.
Your standard Terms of Sale do not cover you or the client during promotional campaigns because during promotional periods there are usually changes to key terms. For example, pricing, supply, delivery times, refund conditions, and order cancellations.
What do you need to be covered legally to run a promotion?
- In your Terms of Sale document, you need to cover changes that may occur during promotional periods. This is very important, as customers and clients will not assume that your terms have changed because your pricing has changed temporarily.
- On your promotional page, or in your copy, you need to include additional or special terms that apply to the promotional period. This includes:
- how long the promotion is running for
- how long the price is valid for
- expected changes in delivery times due to increased order amounts
- refunds terms on sales items
- refund terms on “as is” items
- rescheduling of sessions bought under sale conditions
- exclusions of the promotion
As with all legal documents, your Terms of Sale is a “living document” and you need to refer to it when you add special conditions to your sales page or promotional copy and include updates to it in times where your Terms of Sale change, do not apply, have been amended or waived, to be replaced with different terms to accommodate your process during the promotional period.
For assistance with drafting Terms of Sale for your business, please book in for a free short consultation with me to discuss your business.
Lawyer, Contract Specialist, Speaker & Advocate for Women in Business.
Drawing on more than 15 years’ experience as a lawyer and a woman in business, Shalini Nandan-Singh helps Australian service-based entrepreneurs protect their businesses and their bottom lines with empowered legal advice and contracts.
Encouraging listeners to #loveyourlegals, Shalini firmly believes that business legals should be an authentic extension of your business. Her goal is to educate audiences that, rather than confusing legalese, business legals should be an authentic extension of your business, creating positive business boundaries that support you in working with your clients with compassion and understanding.
Disclaimer: This blog is written to support business owners to consider legal requirements and issues that may arise in business. The information provided is for general and educational purposes only. It is not intended as legal advice for your individual circumstances. Please consult your lawyer for advice specific to you and your business.