What to write in the terms and conditions of an e-shop – we bring you 10 tips

Online store owners usually postpone them until the end of the entire process before launching a new e-shop. Since clients ask us for help in drafting terms and conditions, we decided to prepare this article. We will summarize how the terms and conditions should look to be valid and what to definitely remember. So... how to do it??

1. Why do I even need terms and conditions for my e-shop?

When a customer makes a purchase on your e-shop, it constitutes a contract. In this case, it is a sales contract. As with all contracts, it is important to have an overview of what yours contains, because if any ambiguity or problem arises, the terms and conditions will be very useful. Additionally, the customer must have the opportunity to know what to expect from you – what the return period will be, how complaints are handled, and with whom they are actually entering into a contract.

2. Identification of the operator, that is, you

You obtain the customer's name, address, email, or phone number through the order form. But how does the customer find out who they are dealing with? The very first point in the terms and conditions should be your identification, which is also required by law. You should automatically include the same information in the contact section or in the footer, where users typically look for this information. So don't forget to include 

• name (yours or the company's), 
• registered office, 
• company registration number, VAT number,
• contact person, their email and phone number, and if you are registered in the commercial register, also information about the registration (this is mandatory information if you are registered).

3. You sell to consumers and not to entrepreneurs

Like most e-shops, you likely assume that your customer is an end consumer, and you are writing the terms and conditions for them. It is therefore good to specify that your terms and conditions do not apply to legal entities or entrepreneurs who will resell the goods. For reselling customers who are not consumers, it is advisable to have separate terms and conditions, as in such cases, the options for modifying the terms and conditions are much broader, and the majority of this article does not apply to such transactions.

4. When Problems Arise – Withdrawal from the Contract and Complaints

One of the main reasons for drafting the General Terms and Conditions is the situation when a customer wants to return or complain about the goods. 

• What are the conditions for withdrawing from the contract? 
• What is the refund period (for you) and the return period (for the customer)? 
• Who will cover the initial shipping cost and who will cover the second one related to the return of goods? 
• What can a customer do if you deliver incorrect or defective goods? 
• By when must you respond to a complaint? 

The customer will ask these and possibly other questions if any issues arise. Therefore, be prepared for these inquiries. However, for your "answers" to be valid, the customer must first agree to them, so include them in the terms and conditions.

5. You Can Improve, But You Must Not Deteriorate

The Civil Code regulates the conclusion of contracts and establishes a so-called minimum standard. An example is the possibility to withdraw from the contract without giving a reason within 14 days. This is stipulated by law. Therefore, you cannot set this period to, for example, 10 days. Firstly, it would be invalid, and secondly, you could face a significant fine for it. Conversely, you can improve the period as part of marketing or to please customers, for example, extending it to 20 days. This applies to other minimum standards within the code as well. You can always enhance consumer rights, but never diminish them.

6. Don't Forget About GDPR

In the terms and conditions, consider GDPR and the Personal Data Protection Act. The customer must know what happens to their personal data that they entrusted to you during the order in the e-shop. And now specifically. 

• Where will this information be stored? 
• For how long? 
• What will happen to it or what will it be used for in the e-shop? 
• And above all, whom to contact if they want to have this data removed? 

If the customer does not receive this information, their consent to the processing of personal data may be considered invalid, as they did not receive complete information.

TIP: If you want the customer to agree to receive the newsletter, you can incorporate this into the terms and conditions. However, remember that the customer must also have the option to unsubscribe from the newsletter.

7. Remember Payment, Delivery of Goods, EET, and Dispute Resolution

It may seem obvious, but it is essential to mention the payment method and delivery of goods, who bears the shipping costs, and how insurance for the shipment works.

In the terms and conditions, do not forget to include information about the seller's obligation to issue a receipt, which is mandatory. The same applies to the method and conditions for out-of-court resolution of customer complaints, including information on whom to contact in case of a complaint (Czech Trade Inspection).

8. Currency is Important

The terms and conditions must comply with legislation. Not the one that was valid at the time of their creation, but the one that is currently in effect. Therefore, do not forget to have your e-shop's terms and conditions reviewed by a lawyer to ensure they are still up to date. 

9. Mainly, so that the customer can find them

Once you have your terms and conditions, it is desirable for the customer to be able to read them easily, so they must be easily accessible at first glance. A link to the terms and conditions should be included in the footer of the website, as well as in the cart, where the customer agrees to the terms by submitting the order. It is also appropriate to attach the terms and conditions to the order confirmation email, so the customer can refer to the specific terms they agreed to on the day of their order, as the terms on your website may have been modified (updated) if they need to address a complaint a year later.

10. Terms and impressions

Within the terms and conditions, it is important to unify the terms used. You do not have to stick to legal phrases like buyer/seller. It is more important to consistently use the same designation throughout, so your terms cannot be challenged. You should emphasize clarity. If this is inherent to your overall communication, there are no limits to creativity, and you can play more with the text. On the internet, you will find terms and conditions that use "you" and "we" instead of the standard designations for the contracting parties (in practice, "we will confirm the order, you will pay, we will ship").