Online shop regulations - guidelines

Rules and regulations are necessary to be able to accept online payments in an online shop. Use the guidelines we have developed and create regulations that meet all requirements.

Legal basis

Pursuant to Article 8(1) of the Act of 18.07.2002 on the provision of services by electronic means any provider of services by electronic means must have regulations and make them available each time before concluding a contract for the provision of such services.

Full article:

  1. Service provider:
    1. sets out the terms and conditions for the provision of services by electronic means, hereinafter referred to as "the terms and conditions".
    2. shall make the rules of procedure available to the recipient of the service free of charge prior to the conclusion of the contract for the provision of such services and, at the recipient's request, in such a way that the content of the rules of procedure can be acquired, reproduced and recorded by means of the information and communication system used by the recipient of the service.
  2. The Customer is not bound by those provisions of the Terms and Conditions which have not been made available to him in the manner referred to in paragraph 1(2).
  3. The Regulations set out in particular:
    1. types and scope of services provided electronically;
    2. terms and conditions for the provision of services by electronic means, including:
      • the technical requirements necessary for the operation of the information and communication system used by the service provider,
      • prohibition on the supply of unlawful content by the recipient;
    3. terms and conditions for the conclusion and termination of contracts for the provision of services by electronic means;
    4. complaint procedure.
  4. The service provider shall provide electronic services in accordance with the Terms and Conditions.

You can check the full text of the law in the Internet Law System - under this link.

Tip!

If you need a bylaw that meets all the necessary conditions, you can take advantage of a specially prepared offer that includes a 10% discount. Details can be found here.

What should be included in an online shop's terms and conditions?

  • Full seller informationincluding: name, VAT number, postal address, contact e-mail address, telephone number (in the case of shops offering furniture, furniture accessories and electronics, the address of the warehouse must be provided).
  • Description of services, their scope and the conditions for their provision.
  • Rights and obligations seller and buyer.
  • Clear information on this, when the sales contract is concluded.
  • Description of available payment methods:

    Quote!

    "Forms of payment available:

    Payment cards:
    *Visa
    *Visa Electron
    *Mastercard
    *Mastercard Electronic
    *Maestro"

    with information:

    Quote!

    "The online payment service provider is Autopay S.A.".

  • Description of available delivery methods together with the cost and delivery time in each case. Information should be added on any possible restrictions resulting from the export of the goods.
  • Information on when the customer can withdraw from the contract (in accordance with the regulations, a minimum of 14 days from the date of receipt of the consignment and, in the case of digital products, 14 days from the date of sale). Example record:

  • Information on lead time orders in the event of payment by card. Example records:

    Quote!

    "In the event that a refund is required for a customer's payment card transaction, the seller will make the refund to the bank account assigned to the customer's payment card."

    or

    Quote!

    "The seller shall refund the payment using the same means of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not incur any costs to the consumer."

  • Description of exceptionswhere there is no right of return (e.g. for custom-made products, food with a short shelf life).
  • Description of the conditions and rules on complaints, guarantees, warranties and returns (processing time, contact details, all rights).

  • Description technical requirementsThe shop has to meet the requirements of the customer in order to benefit from the shop's offer.

    If you also provide other services in addition to online sales, the terms and conditions should also include provisions for these services. These may include, for example:

    • the maintenance of a customer account,
    • sales newsletter mailing,
    • to collect and publish opinions on a particular product or shop.

  • Customer information on personal data processed (what data are being processed and for what purpose). Example record:

    Quote!

    1. The administrator of the personal data provided by the Buyer when using the Shop is the Seller. Detailed information regarding the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the Privacy Policy available at the Shop - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
    2. The purpose of the Seller's processing of the Buyer's data provided by the Buyer in connection with purchases in the Shop is the fulfilment of orders. The basis for the processing of personal data in this case is: the sales contract or actions taken at the Buyer's request aimed at concluding it (Article 6(1)(b) RODO), the Seller's legal obligation related to accounting (Article 6(1)(c)) and the Seller's legitimate interest consisting in the processing of data in order to establish, assert or defend possible claims (Article 6(1)(f) RODO).

  • Information on privacy policy.

    The Privacy Policy may be described in a separate tab or form part of the Terms of Service. It is in the Privacy Policy that you can include (as described in section 12) information about what kind of data you process and intend to process.

    Information!!!

    As of 1 January 2021, new consumer law provisions came into effect. Self-employed individuals who make a purchase from an online shop or from a stationary shop, even though they take an invoice, will in some cases have rights like those of a consumer. This applies in particular to returns and complaints. Sellers will additionally have to comply with a number of information obligations in relation to sole traders.

    The changes apply to online sales, stationary sales, orders placed by telephone or email.

What is called the provision of services?

According to Article 2. paragraph 4 of the Act of 18.07.2002 on the provision of services by electronic means - "provision of services" is the performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient of the service, transmitted and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004. - Telecommunications Law.

See the full text of the law