An online store's terms and conditions are a document that determines not only legal compliance but also the security of the entire e-commerce business. Despite this, many e-commerce owners treat them as a burdensome formality, copying ready-made templates from the web, generating content using AI tools, or postponing the matter indefinitely.
Each of these approaches could result in a UOKiK inspection, a fine, or a lost dispute with the customer. In this article, we explain step-by-step how to write store terms and conditions that comply with current regulations. You'll learn what elements online store terms and conditions must include, what provisions to absolutely avoid, and how to prepare a document that protects both your business and your customers' rights.
Why are e-shop regulations mandatory?
The obligation to have regulations stems from the Act on the Provision of Electronic Services (Article 8) and the Act on Consumer Rights (Article 12). These regulations apply to every entity conducting online sales, regardless of legal form, scale of operation, or industry. The President of the Office of Competition and Consumer Protection (UOKiK) may consider the absence of regulations as a violation of collective consumer interests, which may result in a fine of up to 10% of the company's annual turnover.
It's also worth remembering the procedural dimension: terms and conditions are one of the primary pieces of evidence demonstrating what terms of the contract were communicated to the buyer. If an online store doesn't have properly drafted terms and conditions, a court may find that the terms of sale were not effectively defined.
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Store regulations and the law – what regulations do you need to know?
Legal regulations of an online store must take into account adaptation to several legal acts at the same time, because there is no single act that exhaustively describes the content of this document.
Key regulations and legal obligations in e-commerce
The most important regulations include: the Act on the provision of services by electronic means, the Consumer Rights Act, the Civil Code (including the catalogue of prohibited clauses under Articles 385¹–385³), the GDPR, the Omnibus Directive (on the transparency of prices and consumer reviews), and in certain cases – e.g. when a store enables the publication of reviews or acts as an intermediary in sales – also the provisions of the DSA (Digital Services Act) and Directive (EU) 2023/2673, which from 19 June 2026 obliges B2C stores to provide an interactive "Withdraw from the contract" button.
Failure to comply with any of these regulations exposes the entrepreneur to both administrative sanctions and civil law claims from consumers.
What must the terms and conditions of an online store include?
Mandatory elements of the Terms and Conditions arise primarily from Article 8 of the Act on the Provision of Electronic Services and Article 12 of the Consumer Rights Act. Below you will find those without which the document is incomplete.
- Seller details – full company name, registered office address, Tax Identification Number (NIP), National Court Register number (KRS) or CEIDG registration number, email address, and phone number. This information must be readily available before placing an order.
- Description of products or services – general characteristics of the assortment: whether the store sells new, used, digital goods, or offers subscriptions.
- Ordering Rules – description of the purchasing process, moment of conclusion of the sales contract, technical requirements on the buyer’s side.
- Prices and payment methods – gross prices (including VAT), available payment methods, time of debiting the customer’s account.
- Conditions of delivery – available shipping methods, costs, and expected deadlines. Hiding additional costs is a practice for which the Office of Competition and Consumer Protection (UOKiK) consistently imposes penalties.
- The right to withdraw from the contract – a description of the 14-day returns procedure, statutory exceptions, and the provision of a sample withdrawal form. The seller is obligated to inform the consumer about this form and make it available in a manner consistent with the law (e.g., as a downloadable file on the store's website or directly in the terms and conditions); however, it does not have to be an integral annex to the terms and conditions themselves.
- Complaints procedure – Amended regulations on non-conformity of goods with the contract will apply from 2023. The seller's liability period is 2 years, and the deadline for considering complaints is 14 days.
- GDPR clause – information about the data controller, the purposes and basis of processing, as well as the customer’s rights: access, rectification, deletion and limitation of data processing.
- Extrajudicial dispute resolution – information about the possibility of using out-of-court complaint and redress procedures, and the seller's position on such procedures. Note: The European ODR platform, to which a link previously had to be included in the terms and conditions, was closed on July 20, 2025, pursuant to Regulation (EU) 2024/3228. References to it should be removed from the terms and conditions – leaving an outdated link may be considered misleading to consumers.
New requirements for online stores
E-commerce law is changing rapidly, and regulations must keep pace. The Omnibus Directive requires the lowest product price from the last 30 days to be displayed with each discount, and regulations should describe the rules for presenting promotional prices and explain how the store verifies the authenticity of consumer reviews.
As of June 28, 2025, online stores must comply with the accessibility requirements of the European Accessibility Act (EAA). In practice, this means adapting the entire store interface—including forms, the purchasing process, and navigation—to the WCAG 2.2 level AA standard. Terms and conditions should reflect the business's obligations under these regulations, and the document itself must be published as accessible text for assistive technologies.
The biggest recent change, however, is Directive (EU) 2023/2673: from June 19, 2026, every B2C e-commerce store must provide an interactive "Withdraw from contract" button in the store interface. The button leads to a fully digital withdrawal process – no downloading of PDF files, writing emails, or calling a hotline.
Penalties and consequences of not using the withdrawal button
The obligation applies to the vast majority of B2C sellers – there is no turnover threshold or exemptions for micro-entrepreneurs, although the specific scope depends on whether the contract is subject to the right of withdrawal and the nature of the services provided. Failure to implement the button results in an automatic extension of the return period from 14 days to 12 months and 14 days, and additionally carries a penalty of up to 10% of annual turnover. In specific cases of violations, the regulations also provide for personal liability of company managers (Article 106a of the Act on Competition and Consumer Protection).
Prohibited clauses – what cannot be included in the e-shop regulations?
Abusive clauses are provisions that shape consumer rights in a manner that is contrary to good practice and grossly violates their interests (Article 385¹ of the Civil Code). Such provisions are not legally binding on the consumer, even if they accepted the terms and conditions when placing the order. The President of the Office of Competition and Consumer Protection (UOKiK) maintains a register of abusive clauses at uokik.gov.pl, and it is worth reviewing it before publishing the terms and conditions.
The most common unfair terms found in e-shop regulations include:
- limiting the right to withdraw from the contract after unpacking the product,
- requiring a receipt as a condition for accepting a complaint,
- exclusion of liability for differences between the photo and the actual appearance of the goods,
- reserving the right to unilaterally change the regulations without notifying the customer,
- shortening the statutory 14-day return period.
What are abusive provisions and how can we avoid them in our regulations?
It's worth remembering a simple rule: if a clause benefits the seller only and simultaneously limits the consumer's legal rights, it will likely be unlawful. The consequences of using abusive clauses extend beyond the invalidity of the clause itself. The Office of Competition and Consumer Protection (UOKiK) can impose a fine of up to 10% of annual turnover, and every decision of the President of the UOKiK is entered into a public register, which translates into a loss of reputation and provides grounds for action by competitors or consumer organizations.
How to write store regulations step by step?
You can prepare your own regulations based on a template, have a lawyer write them for you, or use a legal document generator. Regardless of the method you choose, it's important to follow a specific sequence of steps.
Start by gathering your company's registration data and analyzing your store's specifics: what you sell, what payment and delivery methods you offer, and whether you offer shopping without registration. Then, write your terms and conditions section by section: from general provisions, through definitions, ordering rules, payment, delivery, withdrawal, complaints, GDPR, consumer reviews, and finally, out-of-court dispute resolution and final provisions.
Before publishing, check each provision for prohibited clauses and ensure the language is accessible (avoid legal jargon where simpler language can be used). Publish your terms and conditions in a visible place – they should appear in the footer of the website and during the ordering process.
If your store operates in a non-standard model – for example, it combines the sale of physical and digital goods, conducts cross-border sales, or offers regulated products – it is worth investing in a personalized consultation with a lawyer specializing in e-commerce.
The most common mistakes when creating regulations
Copying terms and conditions from another store carries a triple risk: copyright infringement, transferring prohibited clauses from another store, and not adapting the document to the specifics of your own business. Professional terms and conditions may meet the characteristics of a copyrighted work – in such a case, their reproduction without the author's consent constitutes a violation of the law and may result in a demand for payment or a lawsuit.
Generating terms and conditions using AI without subsequent legal verification is another pitfall. AI tools can provide a starting point, but they don't guarantee compliance with Polish law – the generated text may be inappropriate for a specific business model, ignore the requirements of the latest regulations, or contain wording that fails UOKiK review.
Why is writing regulations once not enough?
An equally serious mistake is failing to update the terms and conditions. Writing them once isn't enough, as both the law and your offerings can change. Adding a new payment method, changing your shipping provider, or introducing digital sales – any such changes should be reflected in the terms and conditions. It's a good idea to review the document at least quarterly or whenever you make any significant changes to your store.
Regulations as an element building customer trust
Legal terms and conditions of an online store are not only a legal obligation but also a key element of the shopping experience. Consumers are increasingly reading terms and conditions before placing an order with an unfamiliar store—especially when seeking information about returns, shipping costs, or complaints procedures. A clear, well-written document conveys professionalism, and clearly described procedures reduce the number of customer service inquiries and mitigate the risk of disputes.
In the long term, terms and conditions that accurately inform buyers of their rights build brand loyalty and a positive reputation. Therefore, it's worth treating them not as a chore to be checked off, but as a tool that works to the benefit of your business – provided they are complete, up-to-date, and written with both the regulations and the person reading them in mind.
Frequently asked questions about the store's regulations
Yes, this is a legal requirement. Neglecting this obligation or failing to comply with the relevant provisions may result in severe financial penalties imposed by, among others, the Office of Competition and Consumer Protection.
The regulations should include, among others: general provisions and definitions, rules for placing orders, payment and delivery methods, procedures for withdrawal from the contract (returns) and complaints, information about the GDPR, rules on consumer reviews and out-of-court dispute resolution methods.
Copying carries a triple risk: copyright infringement (plagiarism), transferring so-called prohibited clauses to your own website (for which penalties apply), and the document not being tailored to the unique nature of your business.
AI tools can be a good starting point, but the finished text always requires legal verification. Artificial intelligence does not guarantee full compliance with Polish law, and may omit the latest regulations or contain factual errors.
It is worth verifying the document at least once a quarter or after each significant modification in the store – for example, after adding new payment methods, changing the courier, or introducing digital products to the offer.
Terms and conditions should be published in an easily accessible and visible place. They are most often placed in the footer of the website and directly during the ordering process (in the shopping cart), where the customer must accept them.
An individual consultation with a lawyer specializing in e-commerce is recommended, especially if the store operates in a non-standard model – for example, it combines the sale of physical and digital goods, conducts international (cross-border) sales, or offers regulated products.
A clear, honest and accessible document builds consumer trust, reduces the number of customer service inquiries (because it answers questions about returns or delivery) and reduces the risk of potential disputes with buyers.
Summary
The above article covers the following topics:
- The article explains step by step how to write legal and safe regulations for an online store, ignoring which may result in severe financial penalties.
- The e-shop regulations are legally mandatory as they define the terms of the contract with the customer, and their failure to comply may result in a financial penalty of up to 10% of the company's annual turnover from the Office of Competition and Consumer Protection.
- Legal e-shop regulations must simultaneously take into account the provisions of many legal acts (including the Civil Code, GDPR, Omnibus Directive and DSA provisions), and violation of any of them may result in financial and legal sanctions for the entrepreneur.
- Complete e-shop regulations must include the seller's details, a description of the ordering process, prices, delivery and payment terms, return and complaint procedures, the GDPR clause and information on dispute resolution (excluding the liquidated ODR platform).
- Dynamic changes in the law impose new obligations on e-shops – including the verification of opinions (Omnibus), digital availability of regulations (EAA) and the absolute requirement to implement an interactive "Withdraw from the contract" button from June 19, 2026, the lack of which may result in severe financial penalties and an extension of the time for returning goods.
- Prohibited clauses are provisions that unlawfully restrict consumer rights (e.g. the requirement of a receipt when making a complaint), which are invalid by operation of law, and their use may result in the entrepreneur losing his or her reputation and being fined by the Office of Competition and Consumer Protection (UOKiK) up to 10% of the annual turnover.
- Creating e-shop regulations step by step requires collecting company data and analyzing its specifics, writing down mandatory sections in plain language, eliminating prohibited clauses, and publishing the finished document in a visible place on the website. However, in non-standard business models, it is worth consulting a lawyer.
- The most common mistakes when creating regulations include copying a document from a competitor (risk of penalties and plagiarism), uncritical use of AI without legal verification, and lack of regular updates in the event of changes in the law or the store's offer.
- Transparent and reliable e-shop regulations not only meet legal requirements, but also build customer trust, reduce the number of disputes, and support a positive brand reputation.
