Terms and conditions for pre-orders and crowdfunded products

A pre-order is a sale of something that does not exist yet, to a customer who has paid in full and will wait, and a crowdfunding reward is the same thing under a different name. The terms have to say what the customer has bought, treat delivery dates as estimates while respecting the consumer's rights when they slip, allow cancellation before despatch, describe the product accurately as it changes, and be clear about refunds if it never arrives. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Product businesses and brands in England and Wales taking pre-orders through their own website and delivering rewards to backers of crowdfunding campaigns, from hardware and games to books, apparel and food.

What matters in pre-order terms

What a pre-order is

The terms should say that a pre-order is a contract to buy the product described for delivery when it is available, that payment is taken at order or at despatch as stated, and that an order is accepted on confirmation. A crowdfunding reward that is a product is, in substance, a consumer sale, and the terms should say that consumer law applies to it, whatever the campaign platform calls it, once the campaign has closed and the business is delivering.

Delivery estimates and the consumer's rights

Under section 28 of the Consumer Rights Act 2015 goods must be delivered within the time agreed or, if none is agreed, within thirty days, and the terms should state the estimated delivery window before the order, say that it is an estimate, commit to updating customers when it moves, and provide that where the stated window is missed by more than a stated period the customer may cancel for a full refund. A pre-order without a stated window has agreed to thirty days.

Cancellation before despatch and after

The terms should allow a customer to cancel a pre-order at any time before despatch for a full refund, which is both fair and what the law tends to produce, and should say that the fourteen-day cancellation right under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 runs from delivery once the product arrives, with returns as for any goods. Limited or numbered editions are still goods and carry the same rights.

Changes from prototype and honest description

Products change between the campaign page and the shipping box, and the terms should say that the final product will match the description in the order, that minor changes to appearance and specification may be made where they do not reduce the product's function or quality, and that a material change entitles the customer to cancel for a refund. Goods must match their description under the Consumer Rights Act 2015, and the Digital Markets, Competition and Consumers Act 2024 makes misleading claims directly enforceable, so the campaign page is a description too.

If the product fails, prices and data

The terms should not promise what the business cannot deliver, and should say that if the business cannot deliver the product, customers are refunded, which is the legal position for a sale that is not performed. Prices include all mandatory charges, card payments carry no surcharge under the Consumer Rights (Payment Surcharges) Regulations 2012, and the privacy notice governs customer and backer data, including data received from a campaign platform, which is used only to fulfil the orders.

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

Delivery has slipped six months. Do we have to refund customers who ask?

If the stated window has been missed by more than the period the terms set, or by thirty days where no window was stated, a customer may cancel for a full refund. Communicate early; most customers wait if told.

The final product uses a different material from the campaign renders. Is that a problem?

If the change does not reduce function or quality and the terms allow minor changes, no. If it is material, tell customers and offer a refund, because the goods must match their description.

Our campaign platform says backers are not customers. Are they?

Once the campaign has closed and you are delivering a product for money, consumer law applies to that supply in substance, and the terms should accept it rather than argue with it.

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 dropshipping business

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.