Terms and conditions for a clothing brand selling online

A clothing brand sells goods that customers try on at home and send back at the brand's expense, from limited drops that sell out and pre-orders that ship late. The terms have to run returns in a way that does not invite abuse, describe sizing and colour accurately, deal with pre-orders and international customers, and separate a faulty garment from one that was washed wrongly. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Fashion, clothing, footwear and accessories brands in England and Wales selling to consumers through their own website, with limited drops, pre-orders and international shipping, alongside any marketplace sales under the marketplace's rules.

What matters in clothing brand terms

Returns, trying on and hygiene items

Consumers can cancel within fourteen days of receipt under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and return the goods within fourteen days after that under regulation 35, and the brand refunds within fourteen days of receiving them under regulation 34. The terms should say that garments must be returned unworn with tags and hygiene seals intact, that the refund may be reduced where a garment has been worn or damaged beyond trying on, and that sealed items such as underwear and swimwear liners are excluded once unsealed. Return postage is the customer's only if the terms said so before the order.

Sizing, colour and descriptions

Goods must match their description under the Consumer Rights Act 2015, and every garment must carry a fibre composition label under the Textile Products (Labelling and Fibre Composition) Regulations 2012. The terms should say that size guides are measurements of the garment or of the body as stated, that colours may display differently on screens, and that a garment that matches its description and size guide is not faulty because it does not fit. Model measurements and the size worn in photographs help customers choose and reduce returns.

Drops, pre-orders and stock

Limited drops sell out, and the terms should say that an order is accepted only on despatch, that stock shown is subject to availability, and that orders may be cancelled and refunded where stock or pricing is wrong. Pre-orders should state the expected despatch window as an estimate, that the customer may cancel a pre-order before despatch, and that payment is taken at order or at despatch as the terms say.

Faulty garments, care and wear

Section 22 of the Consumer Rights Act 2015 gives a short-term right to reject within thirty days and then repair, replacement or refund for faulty goods, which the brand cannot exclude. The terms should say that fair wear, damage from washing contrary to the care label, alterations and misuse are not faults, and that the brand may ask for photographs and the return of the garment to assess it. A garment that shrank because the customer washed it contrary to the care label is not a fault.

Prices, international orders and data

Prices must include all mandatory charges under the Digital Markets, Competition and Consumers Act 2024, with delivery shown before checkout and no card surcharge under the Consumer Rights (Payment Surcharges) Regulations 2012. International orders should say that duties and taxes on import are the customer's, that delivery times are estimates, and that returns from abroad are at the customer's cost. The privacy notice governs checkout data and marketing consent under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A customer returned a dress smelling of perfume with the tags cut off. Do we have to refund?

The customer can cancel, but the brand can reduce the refund where the goods have been handled beyond what is needed to check them, and the terms should say so. Photograph the garment on receipt and explain the deduction.

A pre-order is running two months late. Can customers cancel?

The terms should say pre-orders can be cancelled before despatch for a full refund, and a consumer can in any case cancel where a stated delivery window has been missed. Keep customers informed and refund promptly.

A customer in another country wants us to pay the customs duty. Must we?

If the terms said before the order that duties and taxes on import are the customer's, no. Say it at checkout for international destinations, not only in the terms.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for an online shop selling to consumers
• Terms and conditions for a vintage and second-hand clothing seller

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.