Terms and conditions for a business selling made-to-order or personalised goods

A personalised product cannot be sold to anyone else, which is why the law treats it differently, and why the terms have to be exact about what the customer specified. They have to capture the specification and the proof, explain that bespoke items cannot be cancelled once made, separate a fault from a change of mind, and set lead times and deposits for goods that exist only because one customer asked. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Businesses in England and Wales making personalised, engraved, printed, customised and made-to-measure products for consumers through a website, from personalised gifts and signage to made-to-measure furnishings and bespoke jewellery.

What matters in made-to-order terms

The specification and the proof

The order is the specification. The terms should say that the goods are made to the details the customer enters (names, dates, sizes, colours, uploaded images), that the customer is responsible for their accuracy including spelling, that a proof, where offered, must be approved before production and approval is final, and that the business reproduces what was submitted. An image the customer uploads must be theirs to use, and the terms should say so.

Why bespoke items cannot be cancelled

Under regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 goods made to the consumer's specification or clearly personalised are excluded from the fourteen-day cancellation right, and the terms should say which products that covers and that orders for them cannot be cancelled once production has started. The exclusion only helps if the pre-contract information told the customer, so the checkout and the terms should say it before the order is placed.

Faults, mistakes and changes of mind

A personalised item that is wrong because the customer typed it wrong is not faulty; one that is wrong because the business misprinted it is. The terms should say that the Consumer Rights Act 2015 rights to satisfactory quality and conformity with description apply, that the business remakes or refunds where the error is its own, and that errors in the customer's specification are the customer's, with a remake offered at a stated price. Natural variation in materials should be described as a characteristic, not a defect.

Lead times, deposits and delivery

Made-to-order goods take time, and the terms should state lead times as estimates from approval of the specification, say that delays in the customer's approval or in supplies extend them, and for higher-value items take a deposit at order with the balance before despatch. Goods remain at the business's risk until the consumer receives them, and the terms should say how damage in transit is handled.

Prices, information and data

The price shown must include all mandatory charges under the Digital Markets, Competition and Consumers Act 2024, with personalisation and delivery charges shown before checkout. The Electronic Commerce (EC Directive) Regulations 2002 require the ordering steps and error correction to be explained, and the business's details to be displayed. Customer names and images used for personalisation are personal data under the UK GDPR and the Data Protection Act 2018 and the terms should refer to the privacy notice and say how long uploads are kept.

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 misspelt the name and wants a free replacement. Do we have to?

If the terms say the customer is responsible for the accuracy of the details entered and that errors in the specification are the customer's, no. Offer a remake at a stated price; the goodwill decision is yours.

The customer cancelled a bespoke order the day after ordering. Can we refuse?

If production has not started, a refund is the sensible course and may be required. Once production has started on a personalised item, and the customer was told before ordering that such items cannot be cancelled, the exclusion applies.

The wood grain on the sign does not match the photo. Is that a fault?

If the terms and the product description say natural materials vary and the photo is illustrative, variation within that description is not a fault. A sign that departs from the specification is.

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 jewellery maker

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.