Online shop regulations - how to write them well? Key information
E-commerce
29 June 2025
The terms and conditions are the document which forms the basis of the contract between the seller and the buyer. It is an extremely important element of the shop's operation, as it defines the rights and obligations of both parties to the transaction. If written correctly, it minimises the risk of misunderstandings and resulting conflicts. How to create it effectively?
Online shop regulations - what are they?
Online shop regulations are documents that set out the terms and conditions under which a retailer conducts its business online and the conditions under which customers can carry out purchase transactions.
They should be written in a way that customers can understand. They must answer any possible questions that users may have during the purchase process. In addition, failure to comply with the content requirements of the terms and conditions will result in legal and financial sanctions.
Online shop regulations - what should they contain?
Online shop regulations should include information on, inter alia:
- the operator of the online shop and its registered office;
- the object of the shop;
- terms and conditions of transactions, including ordering methods, shipping costs, payment methods and order processing;
- the rules on withdrawal from the contract, including the withdrawal form;
- complaints procedure;
- the terms and conditions for the use of the shop's website and the privacy of customers' personal data;
- liability for defects in goods, as well as warranties;
- the provisions concerning the law applicable to the settlement of disputes and the declaration of acceptance of the terms and conditions.
Are the shop rules mandatory?
Under consumer law, it is the responsibility of every online shop to post the terms and conditions on its website. Pursuant to Article 2 of the Consumer Rights Act of 30 May 2014, the seller is obliged to provide the consumer with information on the terms and conditions of the contract, including the terms and conditions, prior to its conclusion.
In order to comply with the legal requirements, it should be easily accessible to customers, e.g. posted in a prominent position on the website or made available immediately upon request by the user. If it is not, the consumer can complain or withdraw from the contract without giving any reason.
The Regulations must comply with, inter alia, the following legislation:
- general provisions of consumer law;
- Personal Data Protection Act (RODO);
- Copyright and Related Rights Act.
Who can write the rules of the online shop?
Both complex and simple online shop regulations can be drafted by the entrepreneur or an authorised person. There is no requirement to use a lawyer or adviser, but it is advisable to do so due to the nature and complexity of the legal issues involved in running a business. This will help to avoid the inclusion of erroneous content.
Hiring a specialist is therefore not necessary, but recommended by experts - he will create rules and regulations that are not only understandable to customers, but also complete and legally compliant. In addition, he or she is able to carry out a risk analysis of the online shop and advise on data protection and copyright issues.
How do I write the terms and conditions of an online shop myself?
Adventurous entrepreneurs who would like to create the regulations themselves should consult the numerous guides found on the Internet - this will give them the basis of the knowledge needed. Then follow, for example, the following steps:
- read and familiarise yourself in detail with the legislation governing shops - a foundation without which further learning will be pointless;
- review the rules of other online shops for inspiration. For this purpose, you can, for example, consult the rules and regulations of the Out Of The Box shop (which are clear and legally correct and located in an accessible place for internet users);
- identify your business needs and goals - this will be needed to develop internal shop policies, including a return, delivery and complaints policy (a food retailer must take into account factors such as the consumption date of the product sold. Additionally, it must not interfere with the return time. However, there are exceptions in this case as well);
- draw up draft terms and conditions - these should be as precise as possible and include preliminary agreements on: how to conclude the contract, delivery times, costs and conditions for returning goods, rules for the use of the shop and required contact details;
- test the shop rules on a few people - just ask them to read them and then share their opinion (this way the trader will know if the rules are sufficiently understandable and accessible);
- make the regulations available on your shop's website - if the feedback has been positive and the document itself has been written taking into account the legal requirements, there is nothing left to do but to use it.
In order to avoid mistakes, misunderstandings and ambiguities, it is advisable to add an intermediate step, i.e. to enlist the opinion of a specialist, i.e. a legal advisor, lawyer or expert in online shop regulations, before taking the last step. 
Terms and conditions of the online shop - RODO
RODO (General Data Protection Regulation) is a European Union regulation governing the processing of personal data. The purpose of the RODO is to ensure the protection of customers' privacy and personal data and to harmonise legal regulations across the EU. The document imposes certain obligations on businesses that they must comply with if they wish to avoid penalties.
The RODO-compliant terms and conditions of the online shop should include information on:
- the data controller - company name and address, e-mail address, telephone number, contact details of the data controller (if one has been appointed);
- purposes and basis of processing - information on the purpose of the processing, the legal basis used and the duration of storage;
- Customers' rights - the message about the right to access their personal data, to transfer it to another controller, to lodge a complaint with a supervisory authority and to exercise the right to rectification, erasure or restriction of processing;
- recipients of the data - a communication about the possible categories of recipients of the data (e.g. the courier company if you use the InPost offer for companies - InPost Subscriptions) and the safeguards applied when transferring personal data to another country;
- cookies - a note on the use of cookies, the purposes for which they are used and the possibility to disable them;
- security features - a reference to the security measures applied to prevent unauthorised access;
- final provisions - notification of the right to amend the terms and conditions, the procedure to be followed in the event of a personal data breach and the dispute resolution procedure.
Entrepreneurs must also bear in mind that the login details provided during registration are also subject to RODO, i.e. both the email address and the password - all information that identifies the customer is relevant.
What clauses are prohibited in the terms and conditions of an online shop?
The terms and conditions for an online shop must be drafted in accordance with the applicable legislation, which means, among other things, that they do not contain any prohibited clause. Those that are general, vague and allow the sharing of customers' personal data with other parties without their express consent, or simply contrary to legal acts, should be avoided.
Also prohibited are those that create an imbalance between the trader and the consumer, e.g. limiting the liability of the data controller resulting from incorrect data processing. They have no basis in law, are not binding and have a negative impact on the reputation of the trader, as he may appear unreliable and ill-prepared in the eyes of customers.
How much does it cost and where can I buy the online shop regulations?
How much do you have to pay for good online shop regulations? Prices start at around PLN 500 and can rise to several thousand for more complex documents. The body responsible for their creation are law firms and therefore the price list is a matter of individual determination.
Can the terms and conditions of an online shop be copied?
No, you cannot. Using someone else's terms and conditions may infringe copyright and lead to violations of consumer and data protection laws.
Can the terms and conditions of an online shop be amended at any time?
What should you do if the finished terms and conditions of your online shop need to be changed or amended? Do so, but informing customers well in advance, e.g. by publishing a notice on the shop's website - this may result in the need to obtain additional consents from customers.
The process of drawing up the regulations should start with gathering the necessary knowledge. If this is not possible, the recommended solution will be to go for help from a specialist who will create a document that complies with all regulations and legislation.
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