Terms and conditions are one of the most important elements of an online store. Under current legal regulations, safe and effective operation of an online store is virtually impossible without them. If you're planning to launch an e-commerce business or already own an online store, this article will teach you how to prepare terms and conditions that will meet current requirements and avoid risky mistakes.

Online store regulations - what exactly are they?

The online store's terms and conditions are a document that defines the store's operating principles and the rights and obligations of the customer and the seller. The provisions contained therein allow for the regulation of transactions conducted on the store's website. The terms and conditions must be made available to the customer free of charge and in such a way that they can review them before making a purchase. Please note that the customer is not bound by any provisions of the terms and conditions that are not made available to them in the manner required by applicable law.

Although the necessary elements of the regulations are specified by law, the products offered play an important role - the final wording of the provisions of the regulations, and even the procedures related to transactions carried out in the online store, depend on them.

What role do online store regulations play in an entrepreneur's business?

Terms and conditions serve primarily to protect the interests of both the customer and the seller. By outlining the rights and obligations of both parties, it is possible to conclude a sales contract based on terms established by the seller and accepted by the customer. Well-prepared online store terms and conditions minimize the risk of potential misunderstandings and disputes with customers, who are more likely to make purchases when they feel well-informed.

What must the terms and conditions of an online store include?

1. Introductory provisions that allow the customer to identify the seller. It is necessary to provide the company name and legal form, registered office address, correspondence address (if different from the registered office address), National Court Register (KRS) or CEIDG entry number, Tax Identification Number (NIP), National Business Registry Number (REGON), email address, and, from January 1, 2023, telephone number.

2. Definitions. Online store terms and conditions are a document for the customer that, in practice, establishes the terms and conditions for all purchase-related activities—both planned and completed. To ensure these terms are clear and understandable, it is necessary to explain the basic concepts used in the provisions, such as terms and conditions, customer, store, seller, product, order, and service.

Providing properly constructed definitions facilitates the seller's work - he does not have to explain the definitions contained in the regulations every time, and most importantly - it helps avoid possible inaccuracies and misunderstandings.

3. Types of services provided electronically, their scope, and the terms and conditions for providing services electronically. This section should describe how the store operates, including general information about the products offered, services related to ordering, and additional services such as maintaining a customer account, the ability to add reviews and how they are verified, and access to the newsletter.

4. Order and delivery terms. The terms and conditions should, above all, clearly define the ordering process, including when the sales contract is concluded and the delivery costs and time. You can read more about the importance of information about delivery times in online stores in our article available here (Delivery times in online stores – what should you consider?).

5. Rights and obligations of the customer and the seller. In these matters, it is necessary to clearly indicate to customers the deadlines and methods for completing individual procedures.

6. Right to withdraw from the contract. The seller must include information in the terms and conditions regarding the deadline and method for withdrawing from the contract by the consumer. It is advisable to include a provision regarding the form of the declaration of withdrawal from the contract, even though the regulations do not require the declaration to be submitted in a specific form. Submitting the declaration in written or electronic form is a practical measure, primarily for evidentiary purposes.

7. Returns and complaints. Provisions regarding withdrawal from the contract or return of goods that are inconsistent with applicable consumer rights are not binding. This means that even if the consumer reads them and selects the appropriate checkbox to accept the terms and conditions, they will still be able to return the goods within the time limits specified in the Act.

It is necessary to inform customers about goods that fall under the exceptions for which the right to return is not applicable - the customer must be informed about this before making a purchase.

For consumers, the method of making a return and handling complaints is one of the key issues when they decide to shop online.

You should also be informed about the rules for complaints regarding nonconformity of goods with the contract. Importantly, as of January 1, 2023, the regulations regarding consumer complaints are contained in the Consumer Rights Act, not the Civil Code. In this regard, the concept of warranty for defects has been replaced by "nonconformity of goods with the contract." Consumers still have the right to:

- exchange of goods

- repair of goods

- submitting a declaration of price reduction (in certain cases)

- withdrawal from the contract (in certain cases).

It is also necessary to include information regarding the ODR (Online Dispute Resolution) platform.

8. Personal data protection. This section of the regulations has been a nightmare for many entrepreneurs in recent years. When running an online store, you must designate a personal data controller, but you can refer to a properly drafted privacy policy for this purpose.

9. Final provisions may contain information on the procedure for amending the regulations, the right to introduce promotions or the jurisdiction of the court to hear any disputes.

What mistakes should you avoid when writing online store regulations?

First and foremost, you shouldn't copy content from someone else's terms and conditions—it's a copyright infringement. Terms and conditions should be tailored to each store individually, so such action significantly harms more than it benefits.

Prohibited clauses should also be avoided, and any wording in the terms and conditions must not violate customer rights. The Office of Competition and Consumer Protection maintains a publicly accessible register of prohibited clauses, which currently contains over 7,400 phrases.

It's also necessary to update the regulations. Legal changes and changes resulting from business development should be reflected in changes to the online store's regulations. The aforementioned prohibited clauses published by the Office of Competition and Consumer Protection (UOKiK) are regularly updated, so monitoring legal changes is essential to ensure the regulations remain current and binding.

How to create regulations for an online store?

Creating terms and conditions that meet all legal requirements and enable effective business operations is no easy task. It requires not only extensive legal knowledge but also insight into the e-commerce industry. Given the importance of standard contracts and the need to address numerous consumer rights, the best solution is to entrust this task to a specialized law firm.

If you are looking for a ready-made template of regulations that you can adapt to your business, along with comments prepared by experienced lawyers, you can use our template package, available here .

Entrepreneurs interested in individually prepared regulations or assistance in implementing the currently applicable regulations regarding online store regulations are welcome to contact us .