Revize všeobecných obchodních podmínek pro e-shopy

GTC as the Cornerstone of Your Business: Why an Internet Template Isn't Enough?

This is where the greatest risk of generic templates downloaded from the internet or copied from competitors lies. Such documents often do not correspond to the specifics of your product range (there is a big difference whether you sell clothing, electronics with digital content, or services), contain outdated or outright invalid clauses, and do not take into account dynamic changes in legislation.

Furthermore, the Civil Code explicitly prohibits so-called unreasonable terms (§ 1813), which, contrary to the requirement of reasonableness, create a significant imbalance to the detriment of the consumer. Such terms are automatically void, even if the customer agreed to them. This could include, for example, excluding the right to file a complaint, unreasonably high contractual penalties, or limiting the right to compensation for damages.

At ARROWS, we prepare custom GTC on a daily basis and know that quality documentation is not an expense, but an investment in the stability of your business. Our Prague-based legal team does not work with templates; instead, they carefully analyze your business model and create documentation that is not only legally sound but also understandable to customers, thereby actively building their trust.

The Anatomy of Bulletproof GTC: What's Required by Legislation for 2024/2025?

For your GTC to meet legal requirements and truly protect you, they must contain a number of mandatory elements. Consider the following points as a basic checklist for auditing your existing documentation.

Identification and Contact Details

The foundation is complete transparency. You must provide full and truthful information about the e-shop operator: business name or name, registered office, identification number (IČ), tax identification number (DIČ, if you are a VAT payer), contact details (phone, e-mail), and information about registration in the commercial or other register. Providing a phone number and e-mail address is mandatory.

Contract Conclusion Process and Pre-contractual Information

Your GTC must clearly define the moment when the purchase contract is concluded. This usually happens only upon your confirmation of the order, not merely when the customer submits the order. The key here is the so-called pre-contractual information obligation, imposed on you by § 1811 and § 1820 of the Civil Code.

Before the customer clicks the order button, they must be clearly and comprehensibly informed about all essential aspects of the transaction. This includes not only information in the GTC but also directly in the e-shop interface on the product page and in the shopping cart. This mainly concerns:

• The main characteristics of the goods and services.

• The total price including all taxes and fees.

• Delivery costs and payment methods.

• The conditions, time limit, and procedure for exercising the right to withdraw from the contract.

• Rights from defective performance (complaints).

• Information about the entity for out-of-court settlement of consumer disputes (ADR).

Payment, Delivery, and Complaint Conditions

Describe in detail all accepted payment methods and shipping options, including estimated delivery times. The complaint procedure, which is crucial for consumers, can either be a direct part of the GTC or a separate document to which the GTC refers. It must contain a clear procedure on how and where the customer can file a complaint about the goods.

The scope of legal obligations is broad, and it is easy to make mistakes. A legal consultation with experts from ARROWS will ensure that your documentation and the entire purchasing process are in compliance with the law. We will prepare not only the GTC for you but also related documents such as a complaint procedure or a contract withdrawal form, giving you a comprehensive and functional legal basis for your e-shop.

The Minefield of Czech E-commerce: The Most Common Mistakes Penalized by the CTIA with Millions in Fines

The statistics from the Czech Trade Inspection Authority (CTIA) are unforgiving. It has long been the case that the CTIA finds violations in more than 80% of inspected e-shops. In 2023, it imposed fines totaling 11.6 million CZK, and a year later, it was already 15.6 million CZK. These are not complex legal disputes, but often formal shortcomings that can be easily and quickly detected during an inspection.

Among the most common offenses that result in fines ranging from tens to hundreds of thousands of crowns are:

• Deceptive commercial practices: Providing false or misleading information about the product, its price, or consumer rights.

• Missing information about complaints: Incomplete or incomprehensible instructions on how and where to file a complaint about goods.

• Shortcomings in the contract withdrawal process: A missing form, unclear conditions, or failure to refund money within the statutory 14-day period.

• Omission of information on out-of-court dispute resolution (ADR): A very common and easily detectable offense that almost guarantees a fine.

A Legislative Storm: Are You Prepared for New Obligations?

E-commerce law is dynamic and constantly evolving, primarily under the influence of European legislation. A one-time setup of GTC years ago is no longer sufficient. It is necessary to actively monitor legislative changes and incorporate them into your documentation and internal processes.

The 2023 Amendment – Is Everything in Order Yet?

The major amendment to the Civil Code and the Consumer Protection Act at the beginning of 2023 brought a number of fundamental changes that you must have already implemented. These mainly include:

• The "button amendment": The obligation to label the order button with a clear phrase such as "Order with obligation to pay".

• Rules for discounts: When announcing a discount, you must state the lowest price at which you sold the product in the last 30 days.

• User reviews: You must inform customers whether and how you verify that reviews come from actual consumers.

• Digital content: New, specific rules have been introduced for the sale of digital content and services, including the obligation to provide necessary updates.

And the legislative development does not stop. You must already prepare for other significant changes:

• General Product Safety Regulation (GPSR): From December 13, 2024, for online offers, with certain exceptions, you must, for example, provide detailed information about the manufacturer and product safety directly on the product page. Violations carry fines in the millions.

• Amendment to the Act on Prices: From January 1, 2025, the obligation to state unit prices (e.g., price per 100 g or 1 l) is extended to selected non-food goods, and the exemption for discounted food near its expiration date is abolished. At the same time, penalties for violating price regulations are significantly tightened.

Constantly monitoring legislation is time-consuming and professionally demanding. ARROWS therefore provides its long-term clients with regular legislative monitoring and legal updates. We also offer expert training for your employees so that your entire team knows the new obligations and can apply them correctly in practice.

Expansion Without Borders: How to Handle GTC and VAT When Selling Abroad?

More and more Czech e-shops are expanding into foreign markets. However, this step is associated with specific legal and tax pitfalls that need to be addressed before the first package is sent across the border.

The Myth of Czech Law and the Strength of ARROWS International

A common misconception is that when selling from a Czech e-shop, Czech law will always apply. However, the European Rome I Regulation stipulates that in the area of consumer protection, the contract is often governed by the law of the country where the consumer has their habitual residence, if you are actively targeting that market (e.g., with a language version of the website, local currency, targeted advertising).

In practice, this means that you must respect, for example, a longer period for withdrawal from the contract in Germany or other specific consumer rights applicable in Austria or Poland.

Thanks to the ARROWS International network, built over ten years and bringing together proven law firms from around the world, we can arrange for the revision and adaptation of your GTC according to local law in virtually any country. We handle issues with an international element on a daily basis.

VAT Simplification: The One-Stop-Shop (OSS) Scheme

Selling to end customers in other EU countries entails the obligation to pay VAT in the country of destination once you exceed the total annual limit of 10,000 euros for all EU countries combined. To avoid complex VAT registration in each individual state, a simplified One-Stop-Shop (OSS) scheme was introduced. This allows you to pay VAT from all sales in the EU centrally through the Czech tax office.

ARROWS: Your Partner for a Secure and Growing Business

As you can see, running an e-shop in today's regulatory environment requires more than just a good product and marketing. The legal risks are real, and ignoring them can be costly. Outdated GTC, incorrect processes, or ignorance of new obligations can lead to high fines, expensive disputes, and damage to the reputation you have spent years building.

At ARROWS, we have long specialized in e-commerce law. We see ourselves not just as suppliers of legal documents, but as strategic partners for your growth. Our services include:

• Preparation and revision of contracts and tailor-made GTC.

• Drafting of internal guidelines for key processes (complaints, withdrawal from the contract).

• Legal consultations that will protect you from fines and inspections.

• Representation in courts and administrative bodies in the Czech Republic and abroad.

• Expert training for your employees, including certification.

Our experience from long-term cooperation with more than 150 joint-stock companies, 250 limited liability companies, and dozens of municipalities and regions guarantees high quality and speed. Moreover, thanks to our extensive network of clients, we can connect interesting business and investment opportunities. We would be happy to hear your business idea as well.

Your general terms and conditions are too important to be left to chance. Don't wait for the first problem or an inspection from the CTIA. Contact us today and schedule an initial consultation. Our specialists will audit your existing documentation and propose a solution that will protect your business and allow you to sleep peacefully.