Terms and conditions for my online shop — what needs to be included?

Standard terms and conditions for an online shop must be validly incorporated into the contract and must not unreasonably disadvantage customers. What legally sound shop terms and conditions must contain — including the right of withdrawal.

Anyone selling online needs more than a few text blocks copied from the internet. Standard terms and conditions (AGB) are pre-formulated contract terms that you present to your customers when the contract is concluded (section 305(1) of the German Civil Code, BGB). For them to actually apply, they must be validly incorporated into the contract and must not unreasonably disadvantage your customers (section 307(1) BGB) — otherwise individual clauses are invalid, and the statutory provisions apply in their place in the event of a dispute.

How I can help you

• Drafting legally sound terms and conditions for your online shop
• Reviewing existing terms and conditions for invalid clauses
• Adapting them to your specific business model (B2C, B2B, or both)
• Advice on the right of withdrawal and the correct withdrawal notice

Valid incorporation, content review and the right of withdrawal

For your terms and conditions to become part of the contract at all, you must expressly draw the customer’s attention to them before the contract is concluded and give them a reasonable opportunity to become acquainted with their content — in an online shop this is usually done through a clearly visible link together with confirmation before the order is completed (section 305(1) and (2) BGB). As to content, individual clauses must not unreasonably disadvantage the customer contrary to the requirements of good faith (section 307(1) BGB) — this frequently concerns exclusions of liability, payment terms or warranty clauses that are drafted too broadly.

If you sell to consumers, the right of withdrawal also comes into play: for distance contracts, consumers generally have a right of withdrawal (section 312g(1) BGB), which they may exercise within the statutory period without giving reasons; the period is, as a rule, fourteen days (section 355(2) BGB). For certain goods and services — such as bespoke goods or sealed hygiene items — the law provides for exceptions (section 312g(2) BGB). A correct withdrawal notice is just as important as the terms and conditions themselves, since errors here can extend the withdrawal period.

More on terms and conditions, imprints and contract law on the Contract Law topic page.

How I proceed for you

I draft or review your shop’s terms and conditions with your specific business model in mind, ensure valid incorporation, and remove clauses that would not withstand a content review. If you sell to consumers, I align the right of withdrawal and the withdrawal notice with the rest of your contract documents so that everything forms a coherent whole.

Have your terms and conditions thoroughly reviewed once, rather than having to defend individual clauses later.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-06-13.

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