I run a small buisness selling a few products and I am just wandering if I need to provide an address on my T&Cs?
My issue with this is that I am running my business from my home address, and am not very keen on making my address accessible to everyone.
Alasdair Taylor's Answer
There are three main types of reasons for including addresses in T&Cs.
First, an address may help to identify the person/party in question. This is particularly important in the case of individuals / sole traders and partnerships, as these persons cannot be identified by reference to a registration number.
Second, addresses are often included for the purpose of specifying notice requirements. Eg a notices clause might say that notice will be deemed to be given, under the T&Cs, X days after it is sent by recorded mail to a given address.
Third, there are various disclosure requirements relating to address information. Without more information, I cannot comment upon which might apply to you. Relevant legislation may include the Electronic Commerce (EC Directive) Regulations 2002, the Provision of Services Regulations 2009 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014.
So, is it necessary to include your address?
If you can be adequately identified without an address (eg using your full name and some other personal details), then the first reason might not apply with any force.
If you don’t want to specify post-based notice requirements, then the second reason won’t apply.
While the disclosures required for the third reason do not necessarily have to be in your T&Cs, they may well have to be made somewhere, and usually before contracts are entered into. The exact rules will depend upon the applicable legislation.