Am I as the operator of an online shop obliged to have terms and conditions (AGB)?
November 19, 2023 | 40,00 EUR | answered by Otto Ullmann
Dear Internet and Computer Law Attorney,
I have been operating an online shop for some time now, where I sell various products. However, I have not yet created any General Terms and Conditions (GTC). Now I am wondering if as the operator of an online shop, I am obligated to have GTC.
My online shop is doing quite well so far, but I am concerned that there could be legal consequences if I do not have GTC. I want to ensure that my business is legally sound and that I inform my customers correctly.
Could you please explain to me if I am indeed obligated to have GTC as the operator of an online shop? If so, what information should definitely be included in the GTC? Are there possibly sample GTC that I can use to save time and effort in creating them?
I thank you in advance for your assistance and look forward to your support on this matter.
Sincerely,
Rolf Hoffmann
Dear Rolf Hoffmann,
Thank you for your question regarding the General Terms and Conditions (GTC) for your online shop. As the operator of an online shop, you are indeed obligated to have GTC. The GTC are an important component of legally compliant online business and serve to protect both you and your customers.
The GTC should contain various information that clearly regulates both your rights and the rights of your customers. This includes, for example, information about the contracting parties, the language of the contract, payment and delivery terms, withdrawal and return conditions, warranty claims, and liability issues. In addition, data protection provisions should also be included in the GTC to ensure compliance with data protection laws.
It is advisable to create individual GTC for your online shop tailored to your specific business conditions. However, you can also use sample GTC to save time and effort in creating them. It is important to note that these sample GTC must be adapted to your individual needs to ensure legal certainty.
I strongly recommend seeking professional help in creating your GTC to ensure that all legal requirements are met. A specialized lawyer in internet and computer law can help you create customized GTC for your online shop that comply with all legal requirements.
I hope this information was helpful to you. If you have any further questions or need assistance, I am happy to help.
Best regards,
Otto Ullmann
