Do you need terms and conditions before you sell online?
Updated August 27, 2026
The short answer: no US law says your website must have a terms and conditions page, but if you sell online, you should not skip it. The promises inside it, how refunds work, when orders ship, how someone cancels, are exactly what your payment company expects to see on your website and what real rules already require you to honor. The page sounds like a legal project. It is closer to writing down your own house rules in plain words, and a first honest version fits in an afternoon.
Quick answer
- Terms and conditions are the rules of the deal between you and your customer: what you sell, what it costs, how refunds and returns work, when orders ship, and how to cancel.
- No general US law forces a store to post terms and conditions. That is different from a privacy policy, which almost every website does need.
- Payment companies expect the pieces anyway. Stripe's own website checklist says businesses must clearly explain their refund, shipping, return, and cancellation policies, to meet the standards set by the credit card networks.
- Some rules apply whether or not you write them down. In the US, an FTC rule says orders must ship within the time you state, or within 30 days if you state none. Customers in the EU can cancel an online purchase within 14 days without giving a reason.
- A first version needs five short sections you can write yourself: what you sell, prices and payment, shipping times, refunds and returns, and how to reach you when something goes wrong.
- Put it on its own page, link it in your footer, and link it again at checkout where customers can see it before they pay.
This guide walks through it in plain words: what the page is, who actually requires it, and the short version that covers a first store. For anything unusual, a lawyer gets the final word.
What are terms and conditions in plain words?
Terms and conditions are the written rules of buying from you. A privacy policy explains what you do with people's information. Terms and conditions explain the deal itself: what the customer gets, what they pay, when it arrives, what happens if it breaks or disappoints, and what each side can do when things go wrong.
Think of a corner shop with a small sign by the register: no refunds on sale items, exchanges within 14 days with a receipt. That sign is terms and conditions. Yours is the same idea with a few more lines, because online selling adds shipping and cancellations to the list.
The page matters most on a bad day. A happy customer never reads it. The customer whose parcel is late, or who wants to return a worn item after a month, reads every word. Written rules turn that argument into a lookup.
Does any law require a terms and conditions page?
In the US, no. There is no general law that says an online store must post terms and conditions. The page is a contract you choose to publish, not a filing some agency checks. That surprises people, because the internet talks about it like a legal requirement.
This is the opposite of the privacy side. A privacy policy is effectively required for almost every website that collects so much as a contact form entry. Terms and conditions have no law like that behind them in the US.
So why does every real store have the page? Because three other forces ask for it: the company processing your payments, the rules that govern selling whether you write terms or not, and the customer deciding whether you look safe to buy from. The next two sections take those in order.
Why does your payment company expect one?
The moment you take payments on your website, you agree to the standards of the payment company and the card networks behind it, and those standards reach your pages.
Stripe's own website checklist spells it out: businesses must clearly explain their fulfillment policies on their website, and it lists the ones most stores need, a refund policy, a shipping or delivery policy, a return policy, and a cancellation policy for subscriptions or reservations. Stripe says plainly that these come from the standards set by the credit card networks, and that if the information is missing it may ask you to add it.
There is a practical reason behind the paperwork. When a customer disputes a charge with their bank, the store's posted policies are part of how the argument gets settled. Clear rules that the customer could see before buying protect you. Missing rules leave you explaining, after the fact, terms that exist only in your head.
You do not have to bundle these into one giant page. Plenty of stores keep a short refund and shipping policy near the checkout and a fuller terms page in the footer. What matters is that the promises exist, are easy to find, and are true.
Which selling rules apply even if you never write terms?
Some rules attach to the sale itself. Writing them into your terms does not create them, and leaving them out does not make them go away. Two are worth knowing from day one.
Shipping times are a promise in the US. An FTC rule for internet and phone orders says you need a real basis for any shipping time you advertise, and if you state none, for believing you can ship within 30 days. If you cannot ship on time, you have to tell the customer, give a new date, and explain their right to cancel for a full refund. So the shipping section of your terms is really you choosing which promise to make. Our guide on how shipping works for a small online store helps you pick times you can keep.
EU customers can change their minds. Under EU consumer rules, someone in the EU who buys online can cancel within 14 days without giving any reason, counted from the day the goods arrive. If you sell to Europe, a no-refunds line in your terms does not override that. Your terms should describe the rule instead of fighting it.
The pattern to notice: terms and conditions work when they describe reality. They are not a spell that makes stricter rules apply to your customers. Which is also why copying a big retailer's terms can quietly promise things you never meant to offer.
What should your first terms page cover?
Five short sections cover a first store. Write each one as if a customer asked you across a counter.
- What you sell and who you are. One or two lines. Your business name and what the store offers. If licenses or sales tax apply to what you sell, this is a fine place to note the basics.
- Prices and payment. What currency your prices are in, and when the customer is charged.
- Shipping. Where you ship, roughly how long it takes, and who pays for it. State times you can actually keep, because as you saw above, they carry weight.
- Refunds, returns, and cancellations. Your return window, the condition items must come back in, who pays return shipping, and how refunds are paid. For subscriptions, how to cancel. This is the section customers and your payment company care about most.
- When something goes wrong. How to contact you, and a plain line that you will sort out problems directly with the customer first.
That is genuinely it for day one. No section needs legal language. "Returns accepted within 30 days, items must be unworn, we refund to the original card within 5 business days" beats a page of borrowed clauses, because you can actually do what it says.
Writing store policies for a store that is not online yet?
Describe what you sell in your own words, and Expert Built turns your description into the detailed prompt an AI website builder needs. The store comes out built around what you actually sell, with the pages a real store needs, instead of the generic one everyone else gets.
Get startedWhere should your terms live so they actually count?
A rules page nobody can find does very little. Two placements do the work.
The footer. Terms and conditions sit in the footer next to your privacy policy, on every page. That is where customers, payment companies, and everyone else expects to find them.
The checkout. This is the one that counts. A short line near the buy button, with links, along the lines of "By placing your order you agree to our terms and returns policy." The customer sees the rules at the moment they matter, before paying. Rules only visible after a dispute starts are worth far less than rules the customer could read before buying. Your product pages help here too, by stating what the item is and is not, so the terms page is not doing all the expectation-setting alone.
Keep the writing plain everywhere. Terms written like a courtroom do not impress anyone, and terms written like a person are more likely to be read, which is the entire point of having them.
When should you ask a real lawyer?
For a small store selling ordinary things, the honest answer is usually not yet. Your own plain rules, posted where people can see them, cover the ground this guide describes.
A few situations are worth a real consultation: you sell anything that touches health or safety, like supplements, skincare, or children's products. You sell high-priced items where a single dispute really hurts. You are building subscriptions with complicated billing. Or you sell into other countries at real volume, where rules like the EU's cancellation right deserve more than a paragraph of awareness.
For everyone else, the path is short. Write the five sections in your own words, put them in the footer and at checkout, and make sure every promise on the page is one you can keep. Then get back to the store itself. When you are ready to get the store online, start with your description and let the website come out built around it.
Frequently asked questions
- Can you copy terms and conditions from another store?
- It is tempting and worth skipping. Terms and conditions describe how that store handles orders, refunds, and problems, not how yours does. Copy them and you are publishing promises you never agreed to keep, like a 60-day return window you cannot afford. The text may also belong to whoever wrote it. A better shortcut: read two or three stores' terms to see the shape, then write your own rules in plain words. Yours can be shorter and still do the job, because the job is telling the truth about how you sell.
- Do you need terms and conditions for digital products or services too?
- Yes, and in some ways more. With a digital download there is nothing to ship back, so your terms need to say up front whether there are refunds at all once the file is delivered. With a subscription or a service, the question customers care about most is how to cancel, so spell out how cancelling works and when billing stops. Clear cancellation terms are not just kindness. They are the difference between a customer who cancels calmly and one who disputes the charge with their bank.
- Do you need your own terms if you sell on Etsy or Amazon instead of your own store?
- The marketplace's terms already govern the sale, and buyers agree to those when they buy. What you control there is smaller: your shop policies, like your return window and shipping times, set inside the marketplace's own settings. So you do not write a terms and conditions page for a marketplace shop. The day you open your own store on your own website, the marketplace's rulebook no longer covers you, and that is when the page in this guide becomes yours to write.
- Can you change your terms and conditions later?
- Yes. Your terms are your rules, and they should change as your business does, like when you start shipping abroad or add a subscription. Update the page, change the date on it, and the new terms apply to new orders. The one thing to remember: an order that already happened is covered by the terms that were up when the customer placed it, so keep changes honest and do not rewrite history on someone mid-order. For subscriptions, tell existing customers before a change that affects them.