Terms and conditions for a food producer selling online

Selling food online means shipping perishable, regulated goods to customers who may not be in when it arrives. The terms have to say what is perishable and why it cannot be returned, put storage on the customer once the box arrives, deal with couriers and heat, make allergen information available before the order, and keep descriptions within what food law allows. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Artisan and small-batch food producers in England and Wales, from cheesemakers and charcuterie to preserves, chocolate and baked goods, selling to consumers through their own website by courier, alongside any marketplace sales under the marketplace's rules.

What matters in a food producer's online terms

Perishables and the cancellation right

Consumers who buy online have a fourteen-day cancellation right under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, but regulation 28 excludes goods liable to deteriorate or expire rapidly, and so are sealed goods unsealed after delivery where hygiene is the reason. The terms should say which products are perishable and cannot be returned, which shelf-stable products can be returned unopened, and how to cancel an order before it is despatched.

Allergens, labelling and the information customers need

The Food Information Regulations 2014 require allergen and other information on labels and, under regulation 5 for distance sales, before the purchase is made, and the producer must be registered as a food business under the Food Safety and Hygiene (England) Regulations 2013, and the terms should say where on the site the information is, that customers are responsible for checking it against their needs, that products are made in a kitchen handling allergens, and that ingredients may change with the label as the authority. The terms describe compliance; the labels and product pages deliver it.

Delivery, storage and shelf life

Perishable food is packed to survive a stated period in transit, and the terms should say so, that delivery days are chosen to avoid weekends at a depot, that customers must be available or give a safe place at their own risk, and that products must be refrigerated or stored as labelled on receipt. Goods are at the producer's risk until received under section 29 of the Consumer Rights Act 2015, and the terms should say that food spoiled because a parcel was not collected or stored is the customer's.

Damaged or spoiled goods and remedies

Food must be of satisfactory quality and as described on arrival. The terms should say that damage or spoilage must be reported promptly with photographs, that the producer replaces or refunds the affected items, and that best-before dates on arrival are as stated in the product description. Courier failures are the producer's to sort out with the courier, not the customer's.

Descriptions, claims, prices and data

Descriptions must be accurate, since falsely describing food is an offence under section 15 of the Food Safety Act 1990, and claims about health and nutrition are confined to those authorised under the assimilated Regulation (EC) No 1924/2006, and misleading descriptions are enforceable directly under the Digital Markets, Competition and Consumers Act 2024. Prices shown include all mandatory charges with delivery before checkout, card payments carry no surcharge under the Consumer Rights (Payment Surcharges) Regulations 2012, and the privacy notice governs customer data and any marketing consent.

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.

Email me at geoffrey@caesar.co.uk with what you need and any documents, and I will confirm the scope and the fee in writing, usually the same working day.

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 was out, the parcel sat in a depot over the weekend, and the cheese was ruined. Do we refund?

If the terms say customers must be available on the delivery day or give a safe place, and that food spoiled through non-collection is the customer's, no. Where the courier failed to attempt delivery, the loss is the producer's to claim from the courier and the customer is refunded.

Can a customer return a jar of chutney they did not like?

An unopened shelf-stable product can be returned under the fourteen-day right; an opened one cannot, because it is sealed and unsealed on hygiene grounds. Say which products are which.

Can we describe our granola as healthy?

Only within what food law allows for the claim you make. The terms should say descriptions are accurate and claims comply with the rules, and the product pages should be checked against them.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a farm shop selling online
• Terms and conditions for a bakery taking online orders

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.