Online sales are steadily gaining in popularity. As a result, more and more entrepreneurs are choosing to set up their own shop online. However, a good seller must be aware of its obligations towards its customers. One of these is the provision of properly drafted terms and conditions. 
Terms and conditions are a compulsory element of any online shop, which follows indirectly from the Consumer Rights Act. It speaks primarily of the need to inform the customer about all aspects of the sales process - that is, his or her rights and obligations, as well as the form of payment and delivery. Having rules and regulations in an online shop is also regulated by the Code of Offences. For its absence or incorrect drafting, the trader faces a fine.
What should be included in the regulations?
Terms and conditions are a certain form of sales contract. The document should therefore describe the conditions for the provision of electronic services, as well as the terms of sale. The page on which the terms and conditions are located must be publicly accessible so that a potential customer has no problem finding them and reading them free of charge before concluding a contract.
It is very important that the document includes all the most relevant provisions governing the entire sales process. Among these are:
- information about the online shop that allows it to be identified (name of the company, its correspondence address and contact details, the legal form under which it operates and its VAT and REGON numbers),
- information on the scope of the shop's activities (provisions relating to the services provided by the online shop, the area of operation, as well as an explanation of the key terms used by the trader in the regulations),
- information on technical conditions (content on the conditions to be met by the device used by the recipient),
- information on personal data protection (legislation on the protection of consumer data from third parties by the online shop)
- information on the contract to be concluded (about its nature, the rights and obligations of the buyer and the seller, the method of payment, the form of delivery, the time limit for performance of the service, as well as information on the possibility of withdrawing from the contract),
- information on complaints (provisions concerning the complaint process, the time limits within which the buyer can make a complaint and the applicable rights),
- final provisions (information on the resolution of any disputes arising from the contract).
Depending on the form of business, the rules and regulations may also require the seller to include other provisions. It is worth remembering that the customer is obliged to comply only with those requirements which are included in the rules of the online shop. Therefore, the content of the shop terms and conditions should be drafted meticulously and in accordance with the legal provisions on consumer rights.
Illegal clauses in the regulations
Let us not forget that creating regulations for an online shop requires basic knowledge of the applicable law. Therefore, one of the most common mistakes is to include prohibited clauses in the document. It should be emphasised that such a procedure is prohibited and may result in legal consequences.
A clause in tort is primarily distinguished by a clear violation of the consumer's interests when concluding a contract with the seller. It often involves contradictory wording of rights or obligations. A prohibited clause is also present if a provision is not agreed with the buyer or deviates significantly from the main provisions regulated by the contract.
To date, no inventory has been compiled that includes all prohibited provisions. However, on the website of the Office of Competition and Consumer Protection it is possible to find a list of clauses deemed prohibited by the Court of Competition and Consumer Protection. Among them are:
- limitation of the buyer's right of withdrawal from a distance contract,
- deprivation or limitation of rights of complaint,
- exclusion of seller's liability for goods shipped,
- checking the consignment in the presence of the courier, a prerequisite for the acceptance of a complaint,
- the right not to accept the consignment without stating a reason.
The regulations are all about protecting
Proper development terms and conditions for the online shop is not easy. This is why a lot of companies choose to enlist the help of an external company that specialises in drafting them. Good terms and conditions should, above all, be understandable and clearly formulated. Its main task is to protect consumers and provide them with all the necessary information concerning the concluded contract. Correct terms and conditions also protect the interests of the seller against possible claims from customers or legal problems resulting from the lack of adequate regulations governing the work of an online shop.
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