Obligation to Have Terms & Conditions
Every online store must publish terms and conditions (Art. 8 of the Electronic Services Act). Missing or non-compliant terms risk: UOKiK proceedings, prohibited clause registration, consumer lawsuits.
Mandatory Elements
Seller identification (company name, tax ID, address, email), order procedure description, available payment methods, delivery costs and timeframes, right of withdrawal (14 days) with a template form, complaints procedure (statutory warranty), alternative dispute resolution information (ODR platform).
Right of Withdrawal — 14 Days
Consumers may withdraw from a distance contract within 14 days without giving reasons (Art. 27 Consumer Rights Act). The seller must inform about this right — otherwise the period extends to 12 months. Exceptions: custom products, hygiene items, opened recordings.
Prohibited Clauses
The UOKiK register contains thousands of prohibited clauses from e-commerce terms. Most common: excluding liability for defects, shortening complaint deadlines, reserving the right to unilateral changes, limiting withdrawal rights.
Privacy Policy and Cookies
A separate document describing: data controller, purposes and legal bases, data categories, recipients, retention period, data subject rights. Cookie policy: information about cookies used, purposes, consent for analytical and marketing cookies ("by using the site you accept cookies" is insufficient).
Omnibus Directive — New Obligations Since 2023
The Omnibus Directive requires: displaying the lowest price from the last 30 days before a promotion, verifying consumer reviews, prohibiting fake promotions. Fines: up to 10% of turnover.
Running an online store? Get in touch — I'll prepare terms compliant with consumer law and GDPR.