Legal Requirements for E-commerce Terms and Dietary Supplements in Czechia

Terms and conditions form the legal foundation of your e-shop – without them, you cannot be certain of your rights and obligations toward your customers under Czech law. If you sell dietary supplements, you have additional specific obligations regarding their labeling, composition, and promotion in the Czech Republic. In this article, you will learn what your terms and conditions must contain, how to protect both yourself and your customers, and how to avoid fines from the Czech Trade Inspection Authority or the Czech Agriculture and Food Inspection Authority.

Terms and Conditions and their importance for dietary supplement e-shops

Terms and Conditions (T&Cs) are a document defining the content of the purchase agreement between you as the seller and your customers. This is not just bureaucracy, but a key legal tool that protects your business and fulfills the statutory information obligation towards consumers under the Czech Civil Code. Without properly set conditions, you risk the invalidity of your contracts.

In the case of e-shops selling dietary supplements, the situation is more complex because they constitute a separate category of food regulated by European law. This means your Terms and Conditions and web interface must reflect not only general e-commerce rules but also specific obligations regarding labeling, promotion, and safety under Czech and EU legislation.

The Czech Trade Inspection Authority (CTIA) monitors compliance with the Consumer Protection Act, while the Czech Agriculture and Food Inspection Authority (CAFIA) oversees safety and health claims for food products. If your Terms and Conditions are missing, incomplete, or contain prohibited clauses, you face high fines in the Czech Republic.

Identification data and basic company information

Every set of Terms and Conditions must contain clear identification of your company. The customer must know who they are entering into a contract with and where they can turn in case of issues.

The Terms and Conditions, and ideally the website itself, must include complete details about your firm, such as the name, registered office address, and identification number (IČO). An amendment to the Czech Civil Code also introduced the obligation to provide a telephone number and email address where the entrepreneur can be reached. If the company is registered in the Czech Commercial Register, you must also provide details of this registration.

For dietary supplements, it is advisable to state that the supervisory authority in the food sector is the Czech Agriculture and Food Inspection Authority. This increases the transparency and credibility of the e-shop in the eyes of both the customer and Czech regulatory bodies.

microFAQ – Identification Data

1. Do I need to provide a VAT number (DIČ) if I am a small company?
If you are a VAT payer in the Czech Republic, providing the DIČ is mandatory. If you are not a VAT payer, you do not have to provide it, but we recommend it for clear identification of the entity, especially in relation to B2B customers.

2. What information must be visible to the customer?
Information must be easily accessible, permanently available, and straightforward. Place it in the website footer, the "Contact" section, and mandatorily in the introduction of your Terms and Conditions.

3. What if I have multiple branches?
In the Terms and Conditions, state the registered office of the company (billing address). If the address for returning goods or filing claims differs from the registered office, you must explicitly state this address.

Information obligations towards the consumer

The Czech Consumer Protection Act and the Civil Code require that the customer receives clear information before concluding a contract. If this information is missing, you face a fine from Czech authorities.

Mandatory data on products and prices

Before the customer places an order, they must have access to the product designation, a description of its main characteristics, and the total price including VAT. Furthermore, they must be informed about delivery costs, payment methods, delivery terms, and rights arising from defective performance under Czech law.

For dietary supplements, additional rules apply where all mandatory information regarding composition and allergens must be available to the consumer before the purchase. If you sell a dietary supplement, you must also fulfill the notification obligation to the Czech Ministry of Agriculture before first placing it on the market, according to Section 3d of the Czech Food Act.

Information must be comprehensible, legible, and easily accessible. It must not be hidden behind many clicks, ensuring the customer can reach it without unnecessary obstacles.

Data protection and GDPR

Operating an e-shop is impossible without processing personal data. According to the General Data Protection Regulation (GDPR), you must fulfill the information obligation. This is usually handled by a separate "Privacy Policy" document, which the Terms and Conditions refer to.

In this document, you must state who the data controller is, what data you collect, and the legal basis and purpose of its processing. Furthermore, you must instruct the customer on their rights, such as the right to erasure, access, or objection to processing.

Cookies and marketing

To use non-technical cookies (analytical, marketing), you need prior active consent from the user according to the Czech Electronic Communications Act. The cookie banner must not have pre-checked consent boxes, and declining must be as easy as accepting.

If you collect emails for newsletters, you may send customers offers for similar goods based on legitimate interest. However, you must provide them with the option to easily unsubscribe at any time.

Risks and sanctions in Terms and Conditions

Right of Withdrawal and Complaints

Under Czech law, customers have the right to withdraw from a purchase agreement concluded online within 14 days of receiving the goods without giving a reason. Your Terms and Conditions must precisely describe the process, deadlines, and provide a model withdrawal form.

How to set up the withdrawal process

If a customer withdraws, you must return all funds, including delivery costs, within 14 days of withdrawal. However, you may withhold the payment until the customer hands over the goods or proves they have been sent back.

There are exceptions that are crucial for dietary supplements, especially regarding goods in sealed packaging. A consumer cannot withdraw from a contract for the supply of goods which are not suitable for return due to health protection reasons if the seal was broken after delivery.

Complaints Procedure and Rights from Defective Performance

Terms and Conditions must include information on rights from defective performance; under Czech legislation, a consumer may claim a defect within 2 years of receipt. Importantly, the defect must have existed at the time of receipt, even if it manifested later.

A complaint, including the rectification of the defect, must be settled and the consumer informed no later than 30 days from the date the claim was made. Failure to meet this deadline gives the consumer the right to withdraw from the contract.

microFAQ – Withdrawal and Complaints

1. Do I have to return the money within 14 days, or within 14 days of withdrawal?
The 14-day period runs from the moment of withdrawal. However, the law allows you to wait with the payment until the consumer hands over the goods or proves they have been sent.

2. What if a customer opens a dietary supplement and wants to return it within the 14-day period?
If the goods are in a sealed package and the consumer has unsealed them, they cannot be returned for hygiene reasons. The right of withdrawal expires in such cases according to Section 1837(g) of the Czech Civil Code.

3. How long do I have to process a complaint?
You must settle the complaint (including rectification and informing the customer) no later than 30 calendar days from its submission.

Specific Obligations for Dietary Supplements in Terms and Conditions

From the perspective of Czech law, dietary supplements are considered food, not medicinal products, and the labeling and wording in the Terms and Conditions must reflect this. Violations of health claim rules are strictly penalized.

Labeling as a Dietary Supplement

In the Terms and Conditions and on the website, the product must be clearly labeled as a "dietary supplement". It is prohibited to state or imply that a dietary supplement has properties for preventing, treating, or curing human diseases.

Prohibition of Medicinal Claims and Regulation of Health Claims

You must not attribute medicinal effects to dietary supplements, such as treating diseases or relieving pain, as this is reserved for medicinal products.

You may only use health claims that are approved by the European Commission and listed in the relevant register. If you use an unapproved or misleading claim, you face penalties from the SZPI (Czech Agriculture and Food Inspection Authority).

It is recommended to include a clause in the Terms and Conditions stating that the products offered are dietary supplements and do not have approved medicinal effects.

Notification Obligations

A food business operator is obliged to send the labeling text to the Czech Ministry of Agriculture before placing a dietary supplement on the market for the first time. This obligation should be fulfilled before you launch sales.

microFAQ – Dietary Supplements in Terms and Conditions

1. Must I state in the Terms and Conditions that the products are "dietary supplements"?
It is appropriate to fulfill the information obligation regarding the nature of the goods. The customer must not be misled into thinking they are buying a medicine.

2. Where can I find permitted health claims?
The list of approved health claims can be found in the EU Register of Health Claims. If a claim is not approved, you may not use it.

3. What is the fine for unapproved claims?
For using unauthorized medicinal or health claims, a fine can be imposed under the Czech Food Act, which can reach up to tens of millions of crowns.

Specific Risks of Dietary Supplements

How to correctly draft Terms and Conditions under Czech law

Preparing high-quality terms and conditions requires diligence and adherence to several fundamental steps within the Czech legal framework.

Step 1: Identify your information. Prepare the correct company name, registered office, ID number (IČO), VAT number (DIČ), telephone, and email. Ensure the data matches the entry in the Czech Commercial Register or Trade Register.

Step 2: Define products and specifics. State clearly that you sell dietary supplements. Incorporate exceptions to the right of withdrawal for hygienically sealed goods as permitted under Czech consumer protection laws.

Step 3: Set up GDPR and cookies. Draft a separate Privacy Policy document. Implement a cookie bar on your website that blocks non-technical cookies until consent is granted, in accordance with Czech electronic communications legislation.

Step 4: Describe processes. Clearly define the ordering procedure, payment methods, delivery terms, the contract withdrawal process, and the complaints procedure according to current Czech legislation.

Step 5: Have your terms and conditions reviewed. Copying terms from competitors is risky. Have your documents reviewed by experts, such as the ARROWS law firm in Prague, to ensure full legal compliance.

Conclusion

Terms and conditions are not just a formality; they form the legal framework of your business in the Czech Republic. For e-shops selling dietary supplements, a stricter standard applies due to consumer health protection; therefore, you must pay close attention to correct labeling and specific rules. Errors in this area can lead to liquidating fines from Czech supervisory authorities.

Our attorneys in Prague at ARROWS regularly handle e-commerce and food law agendas and can help you minimize these risks. If you have doubts about the correctness of your texts or are facing an inspection by Czech authorities, turn to the professionals.

If you would like to have your terms and conditions prepared, reviewed, or defended during an inspection, contact us at office@arws.cz to arrange a consultation.

FAQ – Frequently asked legal questions regarding Terms and Conditions

1. Is it mandatory to have terms and conditions written as a single document?
Czech law does not directly mandate a single document titled "Terms and Conditions," but it imposes extensive information obligations on you. In practice, it is almost impossible to meet all requirements other than through comprehensive General Terms and Conditions (GTC).

2. Can I copy terms and conditions from a competitor?
We strongly discourage this. In addition to copyright infringement, you risk adopting errors or provisions that do not match your specific business setup, which can lead to legal problems in Czech courts.

3. How often must I update my terms and conditions?
Whenever there is a change in Czech legislation or when you change your business processes. We recommend a legal audit of your GTC at least once a year to ensure compliance with current Czech law.

4. Do I have to send the terms and conditions to the customer by email?
Yes. Under the Czech Civil Code, you must provide the consumer with confirmation of the concluded contract in text form within a reasonable time after its conclusion, including the full wording of the terms and conditions.

5. How should I handle sales through marketplaces?
If you sell through online marketplaces, your terms and conditions should be consistent with the platform's terms. However, you must still fulfill your statutory obligations toward the consumer under Czech law.

6. What is the biggest risk regarding dietary supplements?
The most common and expensive mistakes involve health and medicinal claims. Czech inspection authorities use tools to search for prohibited words, and fines for promising a "cure" are very frequent.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue. Although we ensure maximum accuracy of the content, legal regulations and their interpretation evolve over time. To verify the current wording of regulations and their application to your specific situation, it is essential to contact the ARROWS law firm in Prague directly. 

Read also:

• GDPR inspections in practice: how investigations by the Office for Personal Data Protection are conducted
• Operating Without a Licence in the Czech Republic: Legal Consequences Explained
• How to Check Your Czech Business Partner Before It’s Too Late
• Compliance audits: How to conduct an internal audit before the authorities arrive