Key points
- Any e-commerce business must provide terms and conditions of sale that contain the strict mandatory information set by the French Consumer Code.
- The terms and conditions must be easily accessible, usually via a link in the footer, and available for consultation before the order is confirmed.
- An explicit acceptance mechanism, such as a tick box, proves that the customer has read and accepted the terms and conditions.
- The mandatory information covers the description of the goods, prices including VAT, payment methods, delivery, withdrawal, legal warranties and the option of using a consumer mediator.
- The delivery section specifies the time limits, costs, calculation method, remedies in the event of delay and responsibilities relating to transport.
- Failure to comply with these obligations may lead to penalties, and terms held to be unfair are deemed unwritten.
General terms and conditions of sale (conditions générales de vente, CGV) play an essential role in the legal framework of e-commerce websites, which are also a transferable asset, for example in the sale or acquisition of a business (fonds de commerce). Drafting suitable terms and conditions makes the commercial relationship between the online seller and its customers legally sound, while ensuring compliance with the various legal obligations imposed by French law. This guide offers a detailed analysis of the specific points not to overlook when drafting terms and conditions, in particular delivery, returns, online payment and the accessibility of the terms and conditions on the website.
What are the legal requirements for e-commerce terms and conditions?
In any e-commerce business, the seller must provide terms and conditions that meet strict mandatory information requirements. These texts must inform the consumer precisely before a purchase is concluded and ensure the transparency of commercial practices. Failure to comply with these legal obligations may lead to penalties, and terms held to be unfair are deemed unwritten (Article L. 241-1 of the French Consumer Code (Code de la consommation) (in French)).
French law closely regulates the communication and content of general terms and conditions of sale. Every online shop must therefore comply with precise standards set by the Consumer Code, in particular its Article L. 111-1 (in French), which aim to protect the consumer by providing clear and legible information on all essential aspects of the transaction.
Setting up terms and conditions on an online shop and making them accessible
The accessibility of the terms and conditions on the website is vital. The law requires the online seller to make its contractual terms available in a way that allows them to be stored and reproduced (Article 1127-1 of the French Civil Code (Code civil) (in French)). In practice, they are accessible via a link in the footer or at the order confirmation stage. Access to the general terms and conditions of sale must also precede confirmation of the order so that the buyer can read all the commitments before the transaction is finalised.
To strengthen the legal validity of a contract concluded online, the ordering process must include a mechanism for explicit acceptance of the terms and conditions, such as a tick box, proving that the customer has read and accepted them. This contributes to traceability and to proof of the consumer’s informed consent. The contract is in fact validly concluded only if the buyer has been able to check the details of the order and its total price, and to correct any errors, before confirming it (Article 1127-2 of the Civil Code (in French)).
What mandatory information must e-commerce terms and conditions contain?
The drafting of terms and conditions must include a number of mandatory items of information that make the contractual relationship legally sound. Sellers must pay attention to every detail to avoid any later challenge and to protect themselves against a dispute in the event of a complaint.
Clear information on the products and services offered must be provided, as must information on prices and payment terms, delivery, withdrawal conditions and any warranties. Each of these sections structures the content of the terms and conditions and protects the trader as much as the customer.
- Precise description of the goods or services sold
- Prices including VAT (TTC) clearly displayed before the order is confirmed
- Payment terms and accepted payment methods
- Delivery times, costs and methods
- Right of withdrawal, any exceptions and procedure
- Return, refund and legal warranty conditions
- Full contact details of the seller and customer service
- Option of using a consumer mediator
Delivery, payment and returns: points to watch when designing terms and conditions
Delivery: what obligations and information should be set out?
The delivery section must state precisely the applicable time limits, any costs, and the calculation method where these vary according to weight or destination. This information is one of the fundamental elements expected in the seller–customer commercial relationship. If no date is indicated, the goods must be delivered no later than thirty days after the contract is concluded (Article L. 216-1 of the Consumer Code (in French)). In the event of delay, the consumer may, after a formal notice that has gone unheeded, terminate the contract and obtain a full refund of the sums paid within fourteen days (Articles L. 216-6 (in French) and L. 216-7 of the Consumer Code).
Remember that the delivery address, transport responsibilities and the risks of loss or damage must also appear in the terms and conditions. The risk of loss or damage passes to the consumer only when the consumer takes physical possession of the goods, unless the consumer has entrusted the goods to a carrier of their own choosing (Articles L. 216-2 (in French) and L. 216-3 of the Consumer Code). It is also important to ensure compliance with the rules on personal data management, which the CNIL (French data protection authority) may inspect. To support your legal strategy effectively, it may be wise to seek the expertise of a lawyer for CNIL inspections and penalties when implementing obligations relating to the confidentiality and security of the information collected for delivery.
Online payment: what safeguards apply to security and payment methods?
Payment terms are central to any free or customised terms and conditions template. State unambiguously the different methods offered (bank card, bank transfer, third-party solutions), when the payment is debited, and the procedures if payment fails. It is also important to point out that online payment requires appropriate security measures to protect the customer’s banking data.
Information on the total amount payable, including ancillary costs, must appear before the order is confirmed. Any payment in addition to the main price requires the consumer’s express consent; failing this, in particular where a paid option is ticked by default, the consumer may obtain a refund (Article L. 121-17 of the Consumer Code (in French)). When drafting or revising these sections, it is strongly recommended to have your terms and conditions reviewed by a qualified professional. Using a lawyer to draft your terms and conditions of sale makes it possible to check their compliance and relevance in light of current legal issues.
Returns and the right of withdrawal: how should these rights be set out in the terms and conditions?
The consumer has a statutory withdrawal period of 14 days from receipt of the goods (Article L. 221-18 of the Consumer Code (in French)), subject to exceptions (rapidly perishable goods, personalised goods, etc.). The procedure for exercising this right deserves a concise description: a model form, the return address and who bears any costs should be covered in a dedicated section. A vague policy on this point weakens the legal framework of the contract and increases the risk of disputes.
The refund process, the time limit provided for and the conditions for returning the product are other essential items. A good example of a summary table can help users understand and showcase the trader’s ability to honour its commitments.
| Key element | Legal obligation | Example wording |
|---|---|---|
| Right of withdrawal | 14 days, subject to exceptions | “The buyer has a period of 14 days from receipt of the goods in which to withdraw...” |
| Return costs | Borne by the customer if the customer has been informed | “Where the right of withdrawal is exercised, return costs are borne by the customer…” |
| Refund | 14 days maximum after notification | “The refund will be made no later than 14 days after receipt of the buyer’s decision to withdraw; it may be deferred until the item has been recovered or proof of its dispatch has been provided…” |
Why use a free or customised terms and conditions template?
A free terms and conditions template provides an initial structured basis for meeting the minimum obligations, especially when setting up an e-commerce website. However, each business has specific features (type of products, logistics flows, associated services) that often make it necessary to adapt these free templates to fully address the issues of the seller–customer commercial relationship.
Customising the terms and conditions remains essential to ensure full compliance with the online retailer’s operating context. Removing unnecessary clauses and adding the particular features of the business sector strengthens the effectiveness of the legal framework and the confidence of potential buyers.
- Use the template as a framework, but check that it matches your internal processes
- Adapt the delivery policy to your carriers
- Determine the warranties applicable to your specific products
- Make sure that all the information accurately reflects your service and payment conditions
Frequently asked questions on terms and conditions and adapting them to e-commerce
What information on products and services must the terms and conditions contain?
General terms and conditions of sale require clear and detailed descriptions of the goods or services sold. Each product page must include the exact name of the product, its essential characteristics (nature, function, intended use) and any significant restrictions. A summary table can help structure this information to ensure it is properly understood:
| Product/service | Key characteristics |
|---|---|
| Sports shoes | Sizes, material, available colour, recommended use |
| Online consultation | Duration, practitioner’s skills, time slots |
The aim remains to prevent any ambiguity when the sale is concluded.
How should prices and payment terms be set out in the terms and conditions?
Prices must always be shown in euros, including all taxes (TTC), before the purchase is finally confirmed. Set out the accepted payment methods and any restrictions (payment limit, instalments, etc.). To improve readability, use a structured list:
- Immediate payment by bank card
- Deferred payment by bank transfer
- Cheques or other systems where specifically offered
You should also specify the consequences of a payment incident, such as cancellation of the order or the application of late payment interest where necessary.
What documents should be kept to prove acceptance of the terms and conditions?
The seller must keep a record of the customer’s acceptance of the terms and conditions, often in the form of an “I accept the terms and conditions” box ticked when ordering. A regular export of order histories, together with backups of confirmation emails, is sufficient as evidence if a dispute arises. Secure digital archiving is preferable to ensure availability if the authorities or the customer request it.
Keep these documents for the legal retention period: for any order of €120 or more, the seller keeps the written record of the contract for ten years from delivery of the goods or performance of the service, and guarantees the customer access to it on request (Article L. 213-1 of the Consumer Code (in French) and Articles D. 213-1 and D. 213-2). This protects the seller in the event of litigation concerning the performance of the contract or compliance with the commitments made.
How do you adapt a free terms and conditions template to a specific business sector?
Adapt each section of the free terms and conditions template to the particular features of your business: technical products, intangible services, regulated sectors (health, food, youth…). Highlight non-standard time limits or conditions, and add appropriate exclusions or limitations. Finally, make the drafting of the terms and conditions legally sound with a legal adviser who can keep pace with current case law and better control the risks of abuse of rights.
- Take into account the particular life cycle of the products concerned
- Specify the rules for intervention or support where needed
- Add special notices for particular risks or uses
Official sources
- French Consumer Code (Code de la consommation) – Légifrance (in French)
Law checked as at 5 October 2026.
