This article is for Irish business owners and entrepreneurs who sell products or services online and need to understand their legal obligations around website terms and conditions.
If you're wondering whether you legally need terms and conditions, what must be included to comply with Irish and EU consumer protection laws, or how to protect your business from liability, this guide covers the essential legal requirements, mandatory clauses for e-commerce, and specific provisions different business types need.
Key Takeaways
• E-commerce businesses must legally provide terms and conditions including company details, pricing, delivery timelines, and 14-day withdrawal rights.
• Your terms cannot override mandatory consumer rights like conformity with description, fitness for purpose, and satisfactory quality.
• GDPR requires a separate privacy policy explaining data collection and use, plus explicit cookie consent before placing non-essential cookies.
• You can limit liability for commercial losses but cannot exclude liability for death, personal injury, fraud, or unfair B2C exclusions.
• Review your terms annually and update immediately when adding products, entering new markets, or changing payment processors.
Do I legally need terms and conditions for my website if I sell products online?
Yes, if you sell products or services online to consumers in Ireland or the EU, terms and conditions are legally required. The Consumer Protection Act 2007 and EU Distance Selling Regulations mandate that you provide clear contractual terms before consumers make purchases. Without proper terms, your contracts may be unenforceable and you could face regulatory penalties.
What business information must I include in my e-commerce terms?
You must clearly state your business identity including your company name, registration number, and registered office address. Section 11 of the Electronic Commerce Act 2000 requires online businesses to provide this information so customers know who they're contracting with before making purchases.
What's the difference between terms and conditions and a privacy policy?
Terms and conditions govern your relationship with users and cover sales, liability, and intellectual property, while a privacy policy is a separate document required by GDPR. Your privacy policy must explain in plain language what personal data you collect, why you collect it, how you use it, and how long you retain it. Your terms should reference your privacy policy but the detailed privacy information belongs in the dedicated policy document.
Can I exclude consumer rights in my terms and conditions?
No, consumer protection laws override any contrary terms in your agreements. The Consumer Rights Act 2022 and Sale of Goods and Supply of Services Act 1980 provide mandatory protections that you cannot contract away, including conformity with description, fitness for purpose, satisfactory quality, and freedom from defects. Your terms must acknowledge these rights rather than attempting to exclude them.
What must I include about returns and refunds in my terms?
You must give consumers 14 days to cancel under Distance Selling Regulations and explain how customers can exercise their statutory rights. Your returns and refunds policy should clearly outline the process for returns, including warranty information and procedures for handling defective products. These provisions are legal requirements under Irish and EU consumer protection legislation, not optional suggestions.
How do I protect my website content and intellectual property?
Your terms should clearly state that you own all website content including text, images, logos, design elements, and software. You should grant users limited, non-exclusive licenses to access and view content for personal use only, while prohibiting commercial use, reproduction, or redistribution without written permission. Include copyright infringement procedures to demonstrate compliance with the Copyright and Related Rights Act 2000.
What liability can I limit in my terms and conditions?
Irish law allows businesses to limit liability for commercial relationships, but you cannot exclude liability for death, personal injury caused by negligence, or fraud. Your terms should distinguish between direct losses (resulting directly from your breach), indirect or consequential losses (like lost profits), and include liability caps and time limits for claims. Consumer protection laws prevent unfair liability exclusions in business-to-consumer transactions.
Do I need different terms if I run a SaaS business or marketplace?
Yes, different business types need specific additional clauses beyond standard e-commerce terms. SaaS businesses need terms covering subscription periods, service level commitments, data backup procedures, and termination rights. Marketplace platforms need terms clarifying you're an intermediary, not a party to transactions, while professional service providers need engagement terms covering scope, deliverables, and intellectual property ownership.
How often should I update my terms and conditions?
You should review your terms annually at minimum to ensure continued legal compliance, as laws change and court decisions clarify requirements. Major business changes like adding new products, expanding into new markets, or changing payment processors require immediate terms updates. When you update terms, notify users through email, prominent website notices, and require acceptance of new terms before continued use.
Do I need cookie consent on my website?
Yes, cookie consent is legally required before placing non-essential cookies on user devices under GDPR. Your website needs clear cookie notices explaining what cookies you use and obtaining explicit consent before activation. Pre-ticked boxes don't constitute valid consent under GDPR regulations.
