How can I create legally compliant terms and conditions?
January 25, 2022 | 70,00 EUR | answered by Yvonne Schmidt
Dear attorney specializing in business law,
My name is Sophia Hohenberg and I am the owner of a small online shop where I sell handcrafted jewelry. Lately, I have heard that it is important to make my General Terms and Conditions (GTC) legally secure in order to avoid potential legal conflicts.
My current GTC were created by myself and are mostly based on templates found on the internet. However, I am unsure if these GTC actually cover all relevant legal aspects and if they comply with legal requirements.
I am concerned that I may be violating current laws and could face legal consequences as a result. Therefore, I would like to learn from you how to legally secure my GTC in order to protect my business from legal risks.
Can you provide me with concrete tips on which clauses should absolutely be included in my GTC and what I need to pay particular attention to when formulating them? Are there specific legal requirements that I need to consider in order to make my GTC effective?
Thank you in advance for your support and I look forward to your expert advice.
Sincerely,
Sophia Hohenberg
Dear Mrs. Hohenberg,
Thank you for your inquiry regarding the legally compliant design of your General Terms and Conditions (GTC) for your online shop, where you sell handmade jewelry. It is very commendable that you are considering the legal framework of your business and want to avoid potential legal risks in advance.
The GTC are an important part of contract law and regulate the legal relationships between you as the seller and your customers. It is therefore crucial that your GTC comply with legal requirements and cover all relevant aspects. GTC should be clearly and understandably formulated to avoid misunderstandings and disputes.
When designing your GTC, you should first ensure that they are complete and contain all relevant information. This includes, among other things, information about the contracting parties, the subject matter of the contract, the price and payment method, delivery and shipping, warranty conditions, return and cancellation rights, and data protection regulations.
It is important that your GTC comply with legal requirements. This includes, for example, providing the legally required information obligations, such as the imprint or the cancellation policy. Additionally, you should ensure that your GTC do not contain any unfair clauses that could unduly disadvantage customers.
To ensure that your GTC are legally compliant, I recommend having them reviewed by a specialized attorney in commercial law. An attorney can assess your GTC for potential legal risks and make necessary adjustments if needed.
I hope that my tips will help you in the legally compliant design of your GTC. If you have any further questions or need assistance, I am available in my online consultation hours.
Best regards,
Yvonne Schmidt
