E-shop Terms and Conditions: A Complete Guide for 2026

Terms and conditions are one of the most important legal documents for any online store. They not only define the rules of the relationship between the seller and the buyer, but having them properly in place is also a legal requirement. Inadequate or incorrect terms and conditions can lead to fines from the Czech Trade Inspection Authority, lost court cases, and a loss of customer trust.

In this article, we'll walk you through everything that e-shop terms and conditions must include, what the current legislation requires, what to watch out for, and what common mistakes to avoid.

Why Terms and Conditions Matter So Much

Terms and conditions serve several key purposes:

• Legal protection for the seller – they clearly define the rules you can refer to in the event of a dispute
• Information obligations – the law requires you to provide consumers with a range of information before a contract is concluded
• Building trust – transparent and easy-to-understand terms increase the credibility of your e-shop
• Preventing disputes – clear rules minimise misunderstandings and conflicts with customers
• Compliance with EU law – the terms must comply with EU consumer protection directives

What E-shop Terms and Conditions Must Include

The law sets out a range of information that you must provide to the consumer before a contract is concluded. Most of it is practical to include directly in the terms and conditions.

1. Seller Identification Details

The foundation is a complete identification of the e-shop operator:

• Business name or the first and last name of the sole trader (OSVČ)
• Registered office or place of business address
• Company registration number (IČ)
• VAT number (DIČ), if you are a VAT payer
• Entry in the Commercial Register (if applicable for a business company)
• Contact details (phone, email)
• Address of the business premises, if different from the registered office

2. Description of Goods and Services

The terms and conditions should include general rules regarding the goods on offer:

• How goods are described (main characteristics)
• How prices are displayed (VAT-inclusive / VAT-exclusive)
• Information on availability and any restrictions
• Rules for digital content and services (if you offer them)

3. Prices and Payment Terms

One of the most important points is transparent communication about prices and payment methods:

• Final price including VAT – the price must be stated inclusive of all taxes and charges
• Shipping costs – must be stated before the customer completes the order
• Payment methods – a list of accepted payment methods (card, bank transfer, cash on delivery, online payments)
• Any additional costs – cash-on-delivery fees, packaging fees, shipment insurance
• Currency – the currency in which prices are displayed

4. Delivery Terms

Customers must be informed about the delivery terms before placing an order:

• Delivery methods – postal service, courier, in-person pickup, collection points
• Delivery times – typical delivery time for each shipping method
• Shipping costs – prices for each delivery method
• Geographic restrictions – where you deliver (Czech Republic, EU, worldwide)
• Conditions for accepting a shipment – what to do with a damaged delivery
• Transfer of risk – when responsibility for the goods passes to the buyer

5. Right of Withdrawal (14-Day Period)

The consumer's right to withdraw from a distance contract without giving a reason is one of the most important consumer rights. You must inform customers about it properly.

Key points:

• The consumer has the right to withdraw from the contract within 14 days of receiving the goods, without giving a reason
• The 14-day period runs from the day the goods are received (for services, from the date the contract is concluded)
• If you do not inform the consumer of their right of withdrawal, the period is extended by 1 year
• The consumer must return the goods within 14 days of withdrawal
• The seller must refund all payments received within 14 days of withdrawal

Exceptions to the right of withdrawal:

The law sets out cases where the consumer does not have the right to withdraw from the contract. These include in particular:

• Goods made to order or customised to personal requirements
• Perishable goods (food)
• Goods in sealed packaging that were opened after delivery for hygiene reasons
• Audio or video recordings or computer programs in sealed packaging once opened
• Newspapers, periodicals, and magazines
• Digital content delivered on a physical medium once the packaging has been opened

6. Complaints Procedure (Liability for Defects)

The complaints procedure is an integral part of the terms and conditions and must include:

• Statutory consumer rights – the right to repair, replacement, discount, or withdrawal from the contract
• Deadline for filing a complaint – the statutory 24-month period from the receipt of goods in consumer sales
• How to file a complaint – the method and location where customers can submit a complaint
• Deadline for resolving a complaint – 30 days from submission, unless otherwise agreed
• Costs of the complaint process – the consumer has the right to reimbursement of reasonably incurred costs

7. Personal Data Protection (GDPR)

Although it is advisable to have a separate Privacy Policy document, the terms and conditions should include at least basic information:

• Who is the data controller
• What data you process and for what purpose
• The legal basis for processing (contract performance, legitimate interest, consent)
• How long you retain the data
• Rights of data subjects (access, rectification, erasure, portability, objection)
• Contact details for the Data Protection Officer (if you have one)
• A link to the full privacy policy

8. Out-of-Court Dispute Resolution

Since 2016, e-shops have been required to inform consumers about the possibility of out-of-court dispute resolution:

• Czech Trade Inspection Authority (ČOI) – the body for out-of-court resolution of consumer disputes
• Link to the ODR platform – for cross-border disputes within the EU, the e-shop must include a link to the Online Dispute Resolution platform (ec.europa.eu/consumers/odr)
• How to submit a request – how the consumer can submit a request for out-of-court dispute resolution

Detailed information on out-of-court dispute resolution can be found on the Czech Trade Inspection Authority website.

9. Other Mandatory Requirements

Information on concluding the contract:

• How the purchase contract is concluded (order + confirmation)
• In which language(s) the contract can be concluded
• Whether the contract is archived and whether it is accessible

Information on digital content (if applicable):

• Functionality of digital content, including technical protection measures
• Compatibility with hardware and software

Sales reporting / fiscalisation (if applicable):

• Information on sales reporting under Act No. 112/2016 Coll.

Structure of Terms and Conditions

For clarity, we recommend structuring the terms and conditions into clear sections:

Most Common Mistakes in E-shop Terms and Conditions

Based on the practices of the Czech Trade Inspection Authority and court decisions, the most common mistakes e-shops make in their terms and conditions can be identified as follows.

1. Shortening the Withdrawal Period

Some e-shops try to shorten the statutory 14-day withdrawal period or make it conditional on additional requirements (unused goods in original packaging, etc.). This is contrary to the law.

2. Failing to Provide a Withdrawal Form

The law requires you to provide the consumer with a model withdrawal form. The template form is an annex to the Civil Code.

3. Incorrect Information About the Complaints Process

Common mistakes include:

• Not informing customers of the 24-month statutory warranty period
• Requiring complaints to be made only in the original packaging
• Failing to provide a confirmation of receipt of the complaint
• Missing information on where to direct a complaint

4. Missing Information on Out-of-Court Dispute Resolution

Many e-shops still do not include information about the ČOI as an out-of-court dispute resolution body and the link to the ODR platform in their terms and conditions.

5. Unfair Contract Terms

Prohibited terms include, for example:

• The seller's unilateral right to change the price after the contract is concluded
• Excessively high contractual penalties
• Exclusion of liability for damages
• Automatic contract renewals without explicit consent
• Arbitration clauses in consumer contracts

6. Insufficient Information on Personal Data Processing

A mere reference to "processing personal data in accordance with GDPR" is not enough. You must provide specific information about what data you process, why, and for how long.

Penalties for Non-Compliance

Incorrect or incomplete terms and conditions can have serious consequences:

Information on inspection activities and current inspection overviews are published by the Czech Trade Inspection Authority on its website.

How to Properly Prepare Terms and Conditions

Your Options

1. Law firm – the safest option; a lawyer will prepare tailored terms and conditions
2. Online generators – cheaper, but often fail to cover all the specifics of your e-shop
3. Templates and samples – can serve as a starting point, but require individual customisation

Recommended Approach

Technical Requirements for Display

• The terms must be accessible before the contract is concluded (before the order is submitted)
• They must be in a readable format and in the Czech language
• It is recommended to allow them to be downloaded and saved (PDF)
• Customers must have the opportunity to actively read them (not just a passive link)
• The checkbox for accepting the terms and conditions must not be pre-ticked

Terms and Conditions for B2B Sales

If your e-shop also sells to businesses (B2B), it is important to be aware that consumer protection rules do not apply to B2B relationships. Your terms and conditions should clearly distinguish:

• Which provisions apply to consumers
• Which provisions apply to businesses
• What the differences are in rights and obligations (e.g. the 14-day right of withdrawal applies to consumers only)

Current Trends and Changes for 2026

The Omnibus Directive and Its Impact

The implementation of the European Omnibus Directive introduced the obligation to display the lowest price of discounted goods over the previous 30 days. It is advisable to mention this in your terms and conditions as well.

Digital Services and Content

New rules for contracts on the supply of digital content and digital services expand consumer rights in the digital environment. If you sell digital products, you must update your terms and conditions accordingly.

Sustainability and the Right to Repair

European legislation is moving towards strengthening consumers' right to have products repaired. Keep an eye on developments and adjust your terms and conditions to meet new requirements.

Frequently Asked Questions (FAQ)

Do I need terms and conditions if I sell through social media?

Yes. If you sell goods at a distance (including via social media, email, or phone), you have the same information obligations as a traditional e-shop. You must provide the consumer with all legally required information before the contract is concluded.

How often do I need to update my terms and conditions?

You should update your terms and conditions whenever relevant legislation changes and whenever your business processes change. It is recommended to carry out an up-to-date review at least once a year. Each version should have an effective date.

Can I copy terms and conditions from a competitor?

Absolutely not. Aside from the fact that this constitutes copyright infringement, copied terms and conditions will not reflect the specifics of your own e-shop. They may also contain errors for which you will be held responsible.

Is a link to the terms and conditions enough, or must the customer actively consent?

The law requires consumers to have the opportunity to read the terms and conditions before the contract is concluded. In practice, a combination is recommended: an accessible link to the full text + a checkbox stating "I have read the terms and conditions and agree to them" (must not be pre-ticked).

What if I also sell abroad?

If you sell to consumers in other EU countries, you must comply with the consumer law of the customer's country if it is more favourable to the consumer than Czech law. It is advisable to have your terms and conditions available at minimum in English and to take into account the specifics of your target markets.

What are the obligations when selling on a marketplace (Allegro, Amazon)?

Even when selling through a marketplace, you as the seller are obliged to provide the consumer with all legally required information. The marketplace typically provides a general framework, but you as the seller are responsible for your own terms and conditions, complaints handling, and fulfilment of consumer rights.

Do I need a separate complaints procedure document?

The law does not require a separate complaints procedure document. Information on liability for defects and the complaints process can be part of the terms and conditions. For clarity, however, it is advisable to have the complaints procedure as a separate section or document.

Is it necessary to have the terms and conditions available as a PDF?

It is not a statutory requirement, but it is strongly recommended. The consumer has the right to receive the contractual terms on a durable medium (email, PDF). Making the terms available for download in PDF format is the easiest way to meet this obligation.

Summary: Terms and Conditions Are the Foundation of a Successful E-shop

Well-crafted terms and conditions are not just a legal necessity — they are also a reflection of your business. Transparent and easy-to-understand terms build customer trust, prevent disputes, and protect you from penalties imposed by supervisory authorities.

Don't forget the key points:

• Complete seller identification
• Clear information on prices, payment, and delivery
• Notice of the right to withdraw from the contract within 14 days
• A complete complaints procedure
• Information on personal data processing
• A link to out-of-court dispute resolution

Further information on the obligations of e-shop operators can be found on the websites of the Ministry of Industry and Trade and the Czech Trade Inspection Authority.