Terms and conditions for selling digital downloads

A digital download is delivered the moment the customer pays and can be copied without limit, which is why the law treats it differently from a parcel. The terms have to capture the customer's consent to immediate supply, licence the file for personal use, say what a faulty file is and what a customer gets for one, and make compatibility the customer's to check. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Businesses and creators in England and Wales selling downloadable digital products to consumers, such as patterns, presets, printables, audio, video, fonts and files, through their own website or a digital storefront.

What matters in digital download terms

Digital content and the consumer's rights

Under sections 34 to 36 of the Consumer Rights Act 2015 digital content must be of satisfactory quality, fit for purpose and as described, the trader is liable under section 46 if it damages the customer's device or other content, and the remedies are repair or replacement and then a price reduction. The terms should describe each product accurately (format, size, contents, what it does) so that the description is what the customer gets.

Consent to immediate supply and the lost right to cancel

A consumer buying digital content online has a fourteen-day cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 unless, under regulation 37, they expressly consent to supply starting immediately and acknowledge that they lose the right to cancel, and the checkout must capture both before the download link is released. The terms should say so, and should say that without that consent the download is not made available until the fourteen days have passed.

Licences and what the customer may do

The customer receives a licence, not ownership, and the terms should grant a personal, non-transferable licence to use the file for its purpose, prohibit resale, sharing, redistribution and use in products for sale unless a commercial licence is bought, and reserve the seller's rights under the Copyright, Designs and Patents Act 1988. Where commercial use is offered, the terms should define it and price it.

Faulty files, refunds and access

A file that will not open, is corrupt or is not as described is faulty and the customer is entitled to a replacement or refund, and the terms should describe how problems are reported and resolved. A file that works but the customer no longer wants is not faulty, and no refund is due once supply has started with consent. Download links should have a stated availability period, and the terms should say that the customer is responsible for keeping their copy.

Compatibility, prices and data

The customer is responsible for checking that the file format and requirements suit their software and device, and the terms should state them per product. Prices include all mandatory charges under the Digital Markets, Competition and Consumers Act 2024, card payments carry no surcharge under the Consumer Rights (Payment Surcharges) Regulations 2012, and the privacy notice governs customer 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 downloaded the file and then asked for a refund under their cancellation right. Do we have to?

Not if the checkout captured their express consent to immediate supply and their acknowledgement of losing the right to cancel. If it did not, the right survives, so the checkout wording is decisive.

A customer says the file will not open. What do we owe?

A replacement or, if that cannot be done, a refund, because digital content must be of satisfactory quality and fit for purpose. Check the file and the customer's software first; many problems are compatibility, which the terms should make the customer's to check.

A customer is selling products made from our pattern. Can we stop them?

If the licence is for personal use and prohibits commercial use without a commercial licence, yes, and the terms should say what a commercial licence costs. Your rights in the pattern remain yours.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for selling ebooks and templates
• Terms and conditions for a stock photography or design asset 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.