Online store regulations

Online store regulations

When running an online store, an entrepreneur is obligated to prepare terms and conditions. These terms and conditions serve as an agreement between the seller and the customer making an online purchase. They outline the rights and obligations of both parties, as well as the information required by consumer law (in the case of B2C businesses), which must be provided to the customer before concluding a distance contract. In short, online store terms and conditions are the foundation that protects both the buyer and the seller. Importantly, they should be easily accessible on the website (e.g., a link in the footer tab) and expressly accepted by the customer when placing an order.

Basic elements of the regulations

  • Seller identification details: Terms and conditions should include information such as the full name of the online store operator, their registered office address, Tax Identification Number (NIP) (or REGON, KRS if operating as a company), email address, and contact phone number. Consumers must know who they are entering into a contract with.
  • Definitions of terms (optional): Definitions of terms used are often provided at the beginning of the Terms and Conditions (in the glossary) to avoid ambiguity. These include phrases such as "Goods – a physical item sold in the Store," "Working days – Monday through Friday, excluding public holidays," etc. This is not mandatory, but very helpful if abbreviations or specific terms are used later in the Terms and Conditions (e.g., Loyalty Program, Customer Account, etc.).
  • Types and scope of services provided: A description of what the online store actually offers. Is it a product, a service, or digital content? Does the website only allow for shopping, or also, for example, account registration, adding reviews, or newsletter subscriptions? Therefore, it's important to list the store's functionalities.

Terms of contract (purchase process)

Each policy should include a detailed description of the online store's order process, from product selection to delivery. Typical provisions include:

  • information that the sales contract is concluded at the moment of confirmation of the order by the store (or at another specified moment);
  • description of the ordering procedure: selecting goods and adding them to the basket, completing the order form (recipient's details, address, delivery method, payment), accepting the regulations, confirming the order;
  • Payments: What payment methods are accepted (bank transfer, online payment, cash on delivery, etc.) and payment deadlines if payment is not immediate. For example, "For payments by traditional bank transfer, the customer is obligated to pay within 7 days of placing the order";
  • delivery methods (courier, parcel locker, personal collection, etc.), shipping costs (whether they are added or free above a certain amount), total order processing time.
  • Right of withdrawal (returns): Consumers purchasing online have at least 14 days to withdraw from the contract without giving a reason. The terms and conditions must include this information. The following should be included: the deadline for submitting the declaration, the method of submission (a sample withdrawal form – ideally, attached to the terms and conditions), and the seller's obligations in the event of a return (refund of payment within 14 days of receipt of the declaration, to the consumer's account; the consumer returns the goods at their own expense, unless the store has agreed to cover the cost). It's worth mentioning exceptions when withdrawal is not possible – e.g., for custom-made goods, perishable goods, etc.
  • Complaints (non-conformity of goods with the contract, warranty for defects, guarantee): The terms and conditions should describe the complaints procedure. Consumers in Poland have the right to file a complaint about goods that do not conform to the contract within two years of their delivery. The terms and conditions should indicate where and how to file a complaint (e.g., by email, in writing, to the store's address), a recommended description of the defect, and the preferred solution (repair or replacement). If the store provides its own warranty or the product has a manufacturer's warranty, this should also be mentioned and the terms of such warranty specified.
  • Personal data and privacy: While details about personal data processing are typically included in a privacy policy, the terms and conditions may include brief information about the data controller and a reference to the privacy policy. For example, "The Seller is the controller of customer personal data. Data is processed for the purposes of contract performance and in accordance with the privacy policy available at the link..."
  • Final Provisions: The Terms and Conditions should include final provisions defining the general principles of the store's operation and the terms of any amendments. This section should include considerations such as the seller's ability to amend the Terms and Conditions, applicable law (most often, Polish law, but if the consumer is from Germany, France, or Spain, for example, and the store explicitly targets their offer to them, they are subject to consumer protection regulations from a foreign market – regardless of whether the store is based in Poland), and dispute resolution procedures.

Consumer rights and the provisions of the regulations:

Terms and Conditions are effective only to the extent they do not violate consumer protection regulations. Any provisions that are less favorable to the consumer than generally applicable law are invalid by operation of law. Furthermore, the Civil Code contains regulations on unfair terms – these are provisions of a contract with a consumer that shape the consumer's rights and obligations in a manner contrary to good practice, grossly infringing on their interests. If a given provision is considered abusive, it is not binding on the consumer. Furthermore, the President of the Office of Competition and Consumer Protection maintains a register of unfair terms, which should be reviewed before publishing any terms and conditions developed without the assistance of a specialist.

For example, if an online store's terms and conditions contain a provision that a consumer may only file a complaint about a product purchased online within seven days of receiving it, such a provision will be considered abusive. Polish law provides for a much longer period for reporting nonconformity (two years). Such a provision is therefore illegal and does not bind the consumer, even if it is included in the terms and conditions.

Good practices when creating regulations

  • clear language - the regulations are addressed to the consumer, so they should be written in understandable language.
  • Completeness – ensure that no significant aspect of the transaction is left unregulated. If the seller offers various product categories or provides digital services, it is important to include specific provisions (e.g., access to digital content – ​​delivery date and method, technical requirements, etc.).
  • consistency with other documents - Terms and Conditions, privacy policy, cookie policy, as well as descriptions on the website (e.g. delivery terms in the "Delivery and payment" tab) - all these elements should complement each other and not contradict each other.
  • Updates – the law, especially in the e-commerce industry, can change dynamically, so regulations should be updated whenever there are significant changes to regulations or when a seller introduces new business practices (e.g., introduces a new payment method – a description of the method must be added to the regulations). The effective date of the regulations should also be marked at the end of the regulations, and users should be informed of the changes (e.g., via email to registered customers or a notice on the homepage).

Remember, good terms and conditions are not only a legal requirement but also a tool for building customer trust. A clear presentation of purchase, complaint, and return policies demonstrates a store's professionalism. Consumers who see fair terms and conditions are more likely to shop because they feel safe.

If you need transparent and legally compliant terms and conditions for your online store, contact us today. We offer comprehensive terms and conditions tailored to the specific needs of your business. The documents we create are:

✔ fully compliant with current law, including the Consumer Rights Act,

✔ protect the interests of both the seller and the customer, eliminating the risk of disputes,

✔ written in accessible, clear language, which makes them easier to understand,

✔ include all necessary clauses, minimizing the risk of sanctions and unforeseen costs,

✔ easy to update in case of changes in regulations,

✔ individually tailored to your online store and sales model.

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