Sales contract Definition

GLOSSARY

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What does Sales contract mean?

A ‘sales contract’ is a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

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Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist

Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). The DMCCA 2024, Part 4, Chapter 2 (which is not yet in force) removes subscription contracts from the scope of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). This Checklist will be updated for these changes in due course. For further information on the DMCCA 2024, including a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note:...

Key consumer information requirements—checklist

Key consumer information requirements—checklist FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). The DMCCA 2024, Part 4, Chapter 2 (which is not yet in force) removes subscription contracts from the scope of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). This Checklist will be updated for these changes in due course. For further information on the DMCCA 2024, including a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions...

Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Digital Content—Flowchart

Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Digital Content—Flowchart This Flowchart sets out the consumer cancellation rights that must be made available to consumers entering on-premises contracts, off-premises contracts and distance contracts for the sale of digital content. It should be used where a practitioner wants to check the available cancellation rights for consumers purchasing digital content in compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Note 1—a consumer is an individual acting for purposes which are wholly or mainly outside of their trade, business, craft, or profession. Note 2—there are certain sector contracts that are subject to their own regulation, such as financial services contracts, rental contracts, and package travel contracts, which are excluded in their entirety from the CCR 2013. For more information, see Practice Note: Distance, doorstep and on-premises sales—Excluded contracts. Note 3—‘Off-premises’ includes the following: • ‘a contract concluded in the simultaneous physical presence of the trader and...

Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Goods—Flowchart

Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Goods—Flowchart This Flowchart sets out the consumer cancellation rights that must be made available to consumers entering on-premises contracts, off-premises contracts and distance contracts for the sale of goods. It should be used where a practitioner wants to check the available cancellation rights for consumers purchasing goods in compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Further rights available for the return of faulty or damaged goods under the Consumer Rights Act 2015 are beyond the scope of this Flowchart. Note 1—a consumer is an individual acting for purposes which are wholly or mainly outside of their trade, business, craft, or profession. Note 2—there are certain sector contracts that are subject to their own regulation, such as financial services contracts, rental contracts, and package travel contracts, which are excluded in their entirety from the CCR 2013. For more information, see Practice Note: Distance, doorstep...

Brussels I (recast)—choice of court agreements (art 25)

Brussels I (recast)—choice of court agreements (art 25) This Practice Note explains choice of court agreements, as set out in Article 25 of Regulation (EU) 1215/2012, Brussels I (recast). It covers a range of issues such as derogation, when Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) does not apply, whether hybrid agreements are covered, the effect on non-EU parties and the requirements for a valid choice of court agreement. It also covers the hearing and the standard of proof required. This Practice Note includes discussion of the application of Article 25 to the UK as a non-EU Member State (or a third state as they are often known) following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement). For general guidance on the application of this article to third states, as well as the other provisions of the regulation that are relevant to third states, namely Articles 18(1), 21(2), 24, 26, 33 and 34 of Regulation (EU) 1215/2012, Brussels I (recast),...

Performance bonds in international supply contracts

Performance bonds in international supply contracts This Practice Note, Performance bonds in international supply contracts, sets out an introduction to some common types of performance bonds used in international supply contracts such as pre-qualification bonds, tender (or bid bonds), advance payment bonds (APB), maintenance bonds, completion bonds, retention bonds, customs bonds and facility bonds. Performance bonds are used on many projects in order to provide security to the customer against the supplier's non-performance. The Practice Note also considers how trade sanctions and embargoes may affect the performance of contractual obligations in international contracts for which a bond may be required. This Practice Note does not consider letters of credit which are most commonly used in international supply contracts to provide a secure method of payment under the sales contract between the buyer and seller, as protection for the supplier against the creditworthiness of the buyer. For guidance on letters of credit, see: Letters of credit—overview and Practice Note: Characteristics of commercial letters of credit. This Practice Note also...

Discover our 43 Practice Notes on Sales contract

Technology Transfer Block Exemption—standard clauses (long form)

Standard clauses—general Definitions 1 Active Sales means actively approaching individual customers or marketing/advertising directly to specific customer groups, or customers in a particular territory in order to make sales; Contract Products means goods and/or services produced with the Licensed Technology; Exclusive Customer Groups is defined in Schedule [insert], with the relevant exclusive customers identified therein; Exclusive Term is defined in Schedule [insert]; ...

Technology Transfer Block Exemption—standard clauses (short form)

Standard clause—general Definitions 1 Active Sales means actively approaching individual customers or marketing/advertising directly to specific customer groups, or customers in a particular territory in order to make sales; Contract Products means goods and/or services produced with the Licensed Technology; Exclusive Customer Groups is defined in Schedule [insert], with the relevant exclusive customers identified therein; Exclusive Term is defined in Schedule [insert]; ...

Dive into our 2 Precedents related to Sales contract

If there is a contract to supply and install a bespoke/custom made item, I understand that there are no cancellation rights for the consumer regarding the goods themselves in a distance sales. With respect to the services aspect, eg the design, installation etc would the consumer still have any cancellation rights?

If there is a contract to supply and install a bespoke/custom made item, I understand that there are no cancellation rights for the consumer regarding the goods themselves in a distance sales. With respect to the services aspect, eg the design, installation etc would the consumer still have any cancellation rights? This Q&A covers distance contracts. This Q&A refers to a business to consumer contract. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) provide for cancellation rights that apply to agreement for goods, services and digital content that are made off-premises or on the doorstep (as well as at a distance, eg online or mail order). The cancellation period, as long as the required information is provided by the trader to the consumer about their cancellation rights, is generally 14 days after the day on which the contract is entered into for services or digital content not supplied on a tangible medium. For goods the cancellation period ends 14 days...

When selling or licensing NFTs to UK consumers, should the contract terms be drafted in accordance with consumer protection regulations, financial services regulations, or both?

When selling or licensing NFTs to UK consumers, should the contract terms be drafted in accordance with consumer protection regulations, financial services regulations, or both? Non-fungible tokens (NFTs) are a type of cryptographic, digital asset that represents ownership of an underlying, inherently unique and irreplaceable item. This item can be digital or real world, such as artwork or real property. The ‘tokenising’ of ownership or other rights is seen as a way to simplify the buying, selling, or trading of assets, rights, and/or obligations via the digital ecosystem of the internet. NFTs are often sold or traded on an online marketplace, and have gained notoriety in recent months because of the large sums people have been willing to pay for them. Minting (creating), selling, investing in, and trading NFTs is a relatively new phenomenon. Unsurprisingly, as minimal case law exists on the subject, there is currently some uncertainty as to whether and, if so, to what extent, the sale or licensing of NFTs could be subject to UK consumer protection...

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Insurance & Reinsurance weekly highlights—15 February 2024

This week's edition of Insurance & Reinsurance weekly highlights includes: the UK Supreme Court rules insurers must pay out on third-party hire car losses (Armstead v Royal & Sun Alliance Insurance Company Ltd); a case analysis on Gatwick Investments Ltd v Liberty Mutual Insurance Europe SE; court says catastrophe applies in coronavirus (COVID-19) reinsurance cases; marine insurer Skuld cancels Red Sea war risks; the Royal Institute of British Architects (RIBA) published a new professional indemnity insurance guide; UK insurers agree to pause sale of guaranteed asset protection cover; cases & decisions; key dates for your diary; and other news highlights reported over the past week.

Insurance & Reinsurance weekly highlights—8 February 2024

This week's edition of the Insurance & Reinsurance weekly highlights includes: case analyses on the recent cases of Aercap v Aig and Dassault Aviation v Mitsui Sumitomo Insurance; British Insurance Brokers’ Association (BIBA) urges the government to reduce insurance premium tax; broker WTW launches insurance for endangered coral reef; FCA sends notice to provide information on incidents of non-financial misconduct to the wholesale insurance market; cases & decisions; key dates for your diary; and other news highlights reported over the past week.

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