Your goods are customisable, why aren’t your terms and conditions?

Your goods are customisable, why aren’t your terms and conditions?

Each person has a unique personality – some people may be bright and bubbly, others prefer a sophisticated minimalist style.  Knowing this, the next logical step for retailers is to offer customisable products to their customers to allow them to express their unique personalities in the products that they use and purchase.

Many retailers have built their brand on customisation – for example, Mon Purse or the Daily Edited offer monogrammed leather goods, Shoes of Prey allow customers to design their own shoes.  Even Kikki K, which is known for its cute, minimalistic stationery goods now offers monogramming in-store.

It is important that if you offer customisation services, that your terms and conditions of purchase, whether it be on your website or in-store, reflect the unique risks that can come with customisation.

Make sure that you don’t exclude all returns

I’ve walked into a store that sold monogrammed products before and was surprised to find a discount box full of slightly faulty products that have been customised with people’s names, initials, etc.

Depending on your product, it can be hard to remove a customisation (that is, if it is possible at all).  It is very difficult to re-sell returned products that have been customised to suit a particular person – what are the chances that someone will have the exact same name or initials as well as preference for design as a previous customer?

The Australian Consumer Law is tough on returns.  Even as a company that offers customising services, you must ensure that your returns policy does not exclude returns or refunds entirely as this would be a breach of the Consumer Guarantees.  While you can exclude returns for change of mind, remember that you must offer returns for faulty goods.

Other considerations

There are a number of other considerations have identified that relate specifically to customisable products that you should address in your terms and conditions, two key ones may be – if you want to know more just give us a call:

  1. Will you accept all customisations? What if a customer wants to monogram a swear word or otherwise offensive word onto their product?  If an offensive word is printed onto your product, then it may reflect negatively on your brand.  Do your terms and conditions address this?
  1. What if a customer wants to print an infringing image or line of text onto your product? You must ensure that your customers are prohibited from using infringing content and that they indemnify you for any loss or damage you may suffer from their infringements.

Talk to us

As an experience commercial lawyer, I’ve worked with many retailers to draft tailored terms and conditions of sale to suit their business needs.  If you need assistance or advice in drafting your terms and conditions for your customisable goods, contact me at  or call me at 1300 033 934 for a no-obligation quote.