Online Shop and Sales on Social Media: Legal Documents

Online Shop and Sales through Social Media: What Legal Documents Does a Business Need?

Online sales are no longer reserved only for large e-commerce stores. Many businesses begin with an Instagram profile, a Facebook page, TikTok content, direct messages, or a small website with an order form. This is convenient, quick, and accessible. From a legal perspective, however, an online sale is not “informal” merely because it takes place through a social media platform.

The short answer is: if you sell goods or services online, you should have clear terms and conditions, trader information, payment and delivery rules, terms governing withdrawal from a distance contract, a complaints policy, a privacy policy, cookie rules, and compliant advertising messages. If you work with external contractors, couriers, platforms, or marketing agencies, you should also regulate your contractual relationships with them.

The legal risk in online commerce usually arises not when everything is going well, but when a customer wishes to withdraw, delivery is delayed, the product does not correspond to its description, the advertising is unclear, or personal data has been processed without sufficient transparency.

If you run an online shop, a digital service, or sales through social media, a consultation in the field of commercial and corporate law may be useful. If you require a broader legal assessment, you may also review the page Legal Services in Burgas.

Online shop or sales through social media — is there a difference?

From a marketing perspective, the difference is substantial. An online shop usually has a website, basket, payment functionality, automated emails, and courier integration. Sales through social media often take place through messages, comments, links, stories, live sessions, or order forms.

From a legal perspective, however, the main question is the same: is there a trader offering goods or services to a consumer at a distance? If the answer is “yes”, the business must provide sufficiently clear information before the purchase.

It is not good practice for the rules to be communicated only after a dispute has arisen. The customer should know in advance who the trader is, what is being purchased, how much will be paid, when the goods will be received, how withdrawal may be exercised, and whom to contact in the event of a problem.

What information should be available to the customer?

Every online trader should provide clear information about itself. This includes the company or trader’s name, address, contact details, email address, registration details where applicable, and a method for communicating with the customer.

There should also be clear information about the goods or services: their main characteristics, price, included taxes and charges, delivery costs, payment methods, delivery times, guarantees, the right of withdrawal, and the complaints procedure.

Where the sale takes place through social media, part of this information is often missing or scattered across posts, highlights, chats, and descriptions. This creates a risk, because in the event of a dispute the business may struggle to prove what exactly was communicated to the customer before the order was placed.

Terms and conditions — why are they necessary?

The terms and conditions are the main document governing the relationship between the online trader and the customer. They should not be copied mechanically from another website. Every business has a different model of sale, delivery, payment, withdrawal, complaints handling, and customer service.

Properly prepared terms and conditions explain who is selling, how an order is placed, when the contract is deemed concluded, how payment is made, how delivery is carried out, when the customer may withdraw, how goods are returned, when payment is refunded, and how complaints are submitted.

For sales through social media, a link to the terms and conditions may be used in the website, in the profile, on a landing page, or in an automated reply. The important point is that the customer must have a real opportunity to review the rules before the purchase.

Right of withdrawal from a distance contract

For many online purchases, the consumer has the right to withdraw from the distance contract within a specified period. This right should be clearly explained: when it arises, how it is exercised, where the notice should be sent, who bears the return costs, and when the amount will be refunded.

There are also cases in which the right of withdrawal may be restricted or may not apply — for example, in relation to certain personalised goods, digital content, or services, where the law permits an exception. Such situations must be formulated carefully and should not be invoked arbitrarily.

Expressions such as “goods cannot be returned” or “money will not be refunded” may create a serious risk if they conflict with the applicable consumer protection rules.

Delivery, delay, and risk in transport

Delivery often appears to be a logistical issue, but it also has legal significance. The terms and conditions should clearly state which courier is used, what the indicative delivery times are, how delay is handled, what happens in the event of a missing parcel, damaged goods, or refusal to accept delivery.

Where the customer pays in advance, trust depends on clear rules. Where payment is made on delivery, there should still be clarity as to when the order is deemed accepted, what happens if the parcel is not collected, and whether costs are payable in the event of an unjustified refusal.

For businesses with a large number of consignments, the agreement with the courier, fulfilment partner, or warehousing provider should ideally be reviewed in advance. This is particularly important where there are delays, lost parcels, international deliveries, or higher-value products.

Complaints and guarantees

Every online trader should have a clear complaints procedure. The customer should know how to submit a complaint, within what time limit, what evidence is required, how the goods are to be returned, and what remedies are available — repair, replacement, price reduction, or refund, where the legal conditions are satisfied.

The complaints policy should not confuse the right of withdrawal with a complaint. Withdrawal is connected with the distance purchase and the exercise of a right within a specific period. A complaint is connected with a problem, non-conformity, or defect in the goods.

Where the business sells equipment, cosmetics, clothing, handmade products, digital services, or subscriptions, the rules should be adapted to the specific product.

Personal data: what does an online shop process?

An online shop usually processes personal data: name, telephone number, email, delivery address, order details, payment information, IP address, customer communications, and sometimes data for marketing profiling.

This means that the business should have a privacy policy clearly explaining what data is collected, for what purposes, on what legal basis, for how long it is stored, to whom it is disclosed, and what rights the customer has.

If you use an accountant, courier, e-commerce platform, email marketing system, CRM, advertising agency, or an external website administrator, it should be checked who processes personal data and on what terms. In some cases, a data processing agreement will be required.

Cookies, analytics, and advertising pixels

Many online shops use cookies, analytics tools, advertising pixels, and tools for tracking user behaviour. This may be useful for marketing, but it must comply with the rules on transparency and consent, where such consent is required.

It is not sufficient for the website to display a banner saying “we use cookies” if in reality different categories of cookies and tracking technologies are used. It is advisable to have a cookie policy and a clear mechanism for user choice where analytics and marketing tools are being used.

Direct marketing and newsletters

If you collect emails or telephone numbers for newsletters, promotions, SMS campaigns, Viber messages, or remarketing audiences, you should have a clear legal basis and a demonstrable consent mechanism where such consent is required.

The customer should be able to unsubscribe easily from marketing communications. It is not good practice for contact details provided for delivery of an order to be used automatically for future promotional messages without a separate assessment.

In campaigns involving influencers, advertising agencies, or external contractors, it is advisable to regulate who has access to customer data and whether that data may be used for another purpose. You can read more about agreements with external contractors in the article on contracts with freelancers or influencers.

Advertising on social media: what may create a risk?

Advertising on social media must be clear, fair, and not misleading. A risk arises where there are exaggerated promises, false urgency, unclear promotions, hidden conditions, misleading comparisons, unrealistic results, or incomplete pricing information.

If you offer “50% off today only”, “last items available”, “guaranteed result”, or “the best on the market”, you should be able to substantiate those claims. Otherwise, the advertising message may be regarded as misleading.

In influencer campaigns, it should be regulated whether the content is advertising, how the partnership is disclosed, and who approves the wording before publication. This is important both for consumer trust and for the protection of the brand.

Sales through marketplace platforms

If you sell through marketplace platforms, you should check not only the law but also the rules of the platform itself. These may contain requirements relating to returns, communications, time limits, images, descriptions, prohibited products, data processing, and sanctions in the event of complaints.

The fact that the platform provides a technical environment does not mean that the trader has no obligations towards the customer. The business should know who is responsible for payment, delivery, complaints, personal data, and communication in the event of a dispute.

Individual or company?

Many online businesses begin as a small project. However, once sales become regular, the question arises whether the activity should be organised through a company, how documents will be issued, how revenue will be accounted for, and how expenses will be managed.

If you are considering setting up a company for online trading, you may wish to review the page Company Registration in Burgas. Where a company is already operating, it is also useful to review agreements with suppliers, marketing partners, couriers, and platforms.

What documents should an online business have?

The documents most commonly needed by an online business are terms and conditions, a privacy policy, a cookie policy, a form or instructions for withdrawal from a distance contract, delivery and returns rules, a complaints policy, supplier agreements, and agreements with external contractors.

For more complex business models, rules may also be required for subscriptions, digital content, customer accounts, vouchers, promotional codes, affiliate partnerships, marketplace sales, or B2B clients.

What are the most common mistakes?

The most common mistake is for a business to begin selling without terms and conditions and without a privacy policy. Another frequent mistake is copying documents from elsewhere that do not correspond to the actual operating model of the business.

Problems also arise where advertising promises more than the product actually delivers, where promotional terms are unclear, where there is no stated procedure for withdrawal and returns, where no evidence of consent for marketing is retained, or where external contractors have access to customer data without an agreement in place.

When is it advisable to consult a solicitor?

Legal advice is recommended before launching an online shop, when selling through social media, when running regular promotions, when working with influencers, when collecting personal data, when running newsletter campaigns, when selling to consumers in other countries, or when a complaint has been made by a customer.

Solicitors’ assistance may include the drafting or review of terms and conditions, a privacy policy, a cookie policy, agreements with external contractors, complaints procedures, supplier agreements, and handling disputes with a customer or regulatory authority.

If a dispute has already arisen with a customer, supplier, platform, agency, or partner, the possibility of negotiations or mediation may also be considered, especially where the parties wish to preserve their commercial relationship.

In relation to a specific matter, you may contact the firm via the Contacts page or review further information about the legal services in Burgas provided.

Conclusion: Online sales provide rapid access to customers, but they require legal preparation. Terms and conditions, the privacy policy, withdrawal rules, complaints procedures, delivery terms, and marketing rules are not a formality. They protect the business, reduce disputes, and build trust in the brand.