Can I post my terms and conditions online or do I need a written agreement?
April 12, 2023 | 80,00 EUR | answered by David Rüppel
Dear lawyer,
I am Heike Zellerbach and I run an online shop for handmade jewelry. Lately, I have been receiving more and more customer inquiries about whether I can also provide my General Terms and Conditions (GTC) online. Up to now, I have agreed to these in writing with my customers, but I am now wondering if it would be sufficient to publish the GTC on my website.
Currently, I only negotiate my GTC in writing with my customers and hand them out separately in each sales conversation. However, this process is time-consuming and I would like to know if there is a legally secure way to provide the GTC online.
My concern is that by solely providing the GTC online, I may be taking legal risks, as I am not sure if a written agreement is necessary. Therefore, I am wondering if it is possible to publish my GTC legally securely on my website or if I should continue to insist on a written agreement.
Could you please provide me with possible solutions on how I can legally securely publish my GTC online without taking legal risks? Thank you in advance for your support.
Sincerely,
Heike Zellerbach
Dear Mrs. Zellerbach,
Thank you for your inquiry regarding the publication of your General Terms and Conditions (GTC) in your online shop for handmade jewelry. It is understandable that you are concerned about how to legally provide your GTC online without taking any legal risks.
In general, it is possible and common to publish GTC online. This offers you as a shop owner many advantages, as your customers have the opportunity to inform themselves about your terms and conditions in advance. This can lead to a more efficient processing of sales, as misunderstandings can be avoided.
In order for your online GTC to be legally effective, they must meet certain requirements. First of all, the GTC must be easily accessible, i.e. they should be clearly visible and easily findable on your website. It is recommended to create a separate menu item or link to the GTC. Furthermore, the GTC should be clearly and understandably formulated in order to be easily understood by your customers.
It is also important that your customers are explicitly informed about the validity of the GTC. This can be done, for example, by a notice in the ordering process or by a checkbox confirmation. Without such explicit consent from your customers, your GTC may not be effectively included in the contract.
However, it is also possible for you to additionally agree on your GTC in writing with your customers. This can be particularly useful in individual contract negotiations to record special conditions.
Finally, I can recommend that you consult in detail with a specialized attorney in commercial law to ensure that your GTC meet the legal requirements. An attorney can also help you revise your GTC to minimize legal risks.
I hope that this information has been helpful to you. If you have any further questions, please do not hesitate to contact me.
Best regards,
David Rüppel
