Your terms of service form the contract with your customers. In the EU, terms used with consumers must be fair and transparent, and some consumer rights cannot be removed by any clause, however it is worded.
Unfair terms are not binding
Under the Unfair Contract Terms Directive (93/13/EEC), a standard term that creates a significant imbalance between the parties to the consumer's detriment is unfair and does not bind the consumer. Terms must also be drafted in plain, intelligible language; where a term is unclear, the interpretation most favourable to the consumer prevails. Examples that are typically unfair:
- Letting you change the price or the service at will without a valid reason and a right to cancel.
- Excluding or limiting your liability for death or personal injury, or excluding the legal guarantee.
- Automatic renewal with a cancellation deadline the customer cannot reasonably meet.
- Forcing consumers to bring disputes in a country other than their own.
Rights you cannot take away
- The 14-day right of withdrawal for most distance purchases (see Consumer Protection).
- The legal guarantee of conformity: at least two years for goods (Sale of Goods Directive (EU) 2019/771), with remedies for faulty digital content and services under the Digital Content Directive ((EU) 2019/770).
- The protection of the consumer law of the customer's country of residence when you direct your business there (Rome I Regulation, Article 6).
What good terms cover
- Who you are, with registered address and contact details.
- What you provide, the total price including taxes, and payment terms.
- Delivery or access, and what happens if you are late.
- Withdrawal, returns and refunds, with the model withdrawal form.
- Guarantees, complaints handling and the contact for disputes.
- For subscriptions: duration, renewal, and how to cancel online.
- For platforms: rules for users, content moderation and how you handle notices (Digital Services Act).
Consumers must be able to read and store the terms before ordering, and you must confirm the contract on a durable medium such as an email (Consumer Rights Directive, Article 8(7)). Keep each version with the date it applied.
This guide is general information about EU rules, not legal advice. Requirements can differ by country and by business: check with your data protection authority or a lawyer for your case.