How do we draw up terms and conditions for the site?

07 nov. 2020

The Romanian legislation, and also the European one, compels the owner of the site or online store to comply with certain conditions in the drawing up and presentation of the Terms and conditions.

What are the terms and conditions of the website?

Firstly, it should be considered that the terms and conditions represent no more and no less than the contractual clauses between the two parties, the owner of the site and the visitor, or in the case of online stores, the customer.

The Terms and conditions of the website (Terms and conditions) are a detailed legal notification establishing the terms with which the visitors, users and customers of your website must agree in order to browse your website or in order to use your products and services.

Moreover, in the case of online stores, the document represents the contract between the owner of the site (seller) and customer (buyer).

Why is it necessary that they exist on the site?

They protect you from the customers who claim that they incurred losses because of you or who use your products or services. Also, they protect you from visitors of your website who copy your content, demand damages caused by viruses, etc.

The terms of the website clarify for the consumers the terms pursuant to which they purchase goods and services and have the following objectives:

  1. inform the visitors with regard to the use, services and limitations of the website
  2. inform the potential customers about the conditions in which they can make purchases and the commercial practices (delivery terms, return, applicable law, court having jurisdiction)
  3. offer protection and reduce the risk that users of the website copy and sell materials produced and supplied on the site;
  4. limit the responsibility of the trader and help with the avoidance of the customers’ grievances by the express mention of the terms of the sevices, help with the avoidance of disagreements and potential complaints from the customers.
  5. demonstrate the trader’s professionalism, in the sense of the compliance with the legal requirements: the legislation on confidentiality, the collection of data about visitors and customers, etc.

The website visitors often wish to check the delivery or refund policy, things which they can find out only by reading the Terms and conditions on your site.

What information must there be available?

The information contained in the Terms and Conditions must be expressed clearly, unequivocally and in an easily accessible language and it comprises the following types of clauses:

  1. The identification data of the site’s owner;
  2. The explanation of the terms used in the document Terms and Conditions,
  3. The manner in which the site can be utilized by the user / customer;
  4. The rights and obligations of the site’s owner;
  5. The rights and obligations of the user;
  6. Clauses on the limitation of the trader’s liability;
  7. Clauses on the intellectual property over the site content, photographs, etc.;
  8. Clauses on the applicable law, court having jurisdiction to judge the possible lawsuits between the trader and the customer;
  9. Clauses on the manner of delivery of the products or services, the delivery deadline, price;
  • Clauses on the return of the products;
  • Clauses on the method of payment;
  • Clauses on the guarantees offered by the trader and the conditions in which they are provided;
  • Clauses on the confidentiality and protection of personal data processed by the use of the site.

What happens if it is not on the site?

The compliance with the legal obligations and the fulfilment of the obligations undertaken through this document are extremely important, and the non-compliance can lead to the imposition of contravention fines or may allow the customer to request the cancellation of the contract and to claim the refund of the price.

The contravention fines vary in accordance with each legislative act, but they may even reach up to 50,000 lei.

Which are the sanctions that the law stipulates for non-compliance with the specified obligations?

Law 365/2002 establishes civil sanctions and contraventional sanctions. Article 21 of the law stipulates that if all this information is not provided or if the information provided is inaccurate, the customer may request the cancellation of the contract.
And in Article 22 the applicable contraventional sanctions are provided, being shown that the non-fulfilment of one of the information requirements specified above is sanctioned with fine between 1,000 lei and 50,000 lei:

Are the Terms and conditions compulsory from a legal standpoint?

Yes, the Terms and conditions on the site are compulsory from a legal standpoint.

The fact that theTerms and conditions exist on the site does not protect you from being sued. Nevertheless, they will certainly be of help to you, they will provide protection for you and, in some situations, they will help you to be exempted or, at least, there will exist a limitation of your liability.

Always comply with the Terms of your business. If you have clear trade conditions, then there are good chances that your customers will also comply with them.

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