Terms and conditions for a handmade cosmetics business

Handmade cosmetics are sold on their ingredients and judged on the customer's skin. The terms have to sit on top of the safety and labelling rules the products already have to meet, deal with allergies and patch testing, explain why opened products cannot be returned, keep claims within what can be said, and describe batch variation and shelf life accurately. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Handmade skincare, soap, bath, haircare and cosmetics businesses in England and Wales selling to consumers online, at markets and through stockists, with products made in small batches.

What matters in handmade cosmetics terms

Safety assessment, labelling and what the terms cannot fix

Cosmetic products must have a safety assessment, be labelled and be notified as the assimilated Regulation (EC) No 1223/2009, enforced by the Cosmetic Products Enforcement Regulations 2013, requires before they are sold, and the terms should say that the business's products are, because that is a statement customers and stockists look for. No terms replace those obligations, and a product that has not met them should not be on sale; the terms describe the compliance, they do not create it.

Ingredients, allergies and patch testing

The terms should say that full ingredients are listed on every product and online, that customers are responsible for checking them against their own allergies and sensitivities, that a patch test is recommended before first use, and that a reaction in a customer who did not check the ingredients or patch test is not a defect in the product. The business remains liable for a product that is unsafe or not as described, which the Consumer Rights Act 2015 does not allow it to exclude.

Sealed products and the right to return

A consumer may cancel an online order within fourteen days under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, but regulation 28 excludes sealed products unsealed after delivery on hygiene grounds, and the terms should say which products are sealed and that opened products cannot be returned unless faulty. Unopened products can be, and the terms should say how.

Claims, descriptions and results

Cosmetics may be described by what they contain and what they do cosmetically; medicinal claims are not permitted, because a product presented as treating or preventing disease is a medicinal product under the Human Medicines Regulations 2012 and needs a licence, and the terms should say that products are cosmetic, that results vary between people, and that nothing on the site is medical advice. Misleading descriptions are enforceable directly under the Digital Markets, Competition and Consumers Act 2024, so the product pages should say what the terms say.

Shelf life, batch variation, storage and delivery

Handmade products vary between batches in colour, scent and texture, and the terms should say that variation is a characteristic of small-batch products rather than a defect, that shelf life and period-after-opening are as labelled, that products should be stored as instructed, and that delivery in hot weather may affect some products. Prices shown include all mandatory charges, goods are at the business's risk until received, and the privacy notice governs customer data.

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 had a reaction and wants a refund and compensation. Where do we stand?

If the product met its safety assessment, the ingredients were listed and the terms recommended a patch test, a reaction in a customer who did not check is not a defect, and a refund is a goodwill decision. If the product was unsafe or mislabelled, the business is liable and no term changes that.

Can we refuse returns of opened products?

Where the product was sealed and unsealed after delivery, a refusal is allowed, because the cancellation right excludes such products on hygiene grounds. Say which products are sealed in the terms and at checkout.

Can we say a cream treats eczema?

That is a medicinal claim, which cosmetics may not make. The terms should say products are cosmetic and results vary, and the product pages should keep to cosmetic descriptions.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a candle and home fragrance business
• Terms and conditions for an online shop selling to consumers

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.