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Product descriptions are legally binding: together with the photos and specifications, they constitute the offer on which a customer may rely. Anyone who promises or shows something that deviates from the delivered product can be held accountable. The three biggest legal risks when writing product texts are: factual errors that are binding, exaggerated claims that create expectations and warranty claims, and copyright infringement by copying texts. Below, we explain for each risk what is involved, what the consequences might be, and how you can legally protect your position as a webshop.
Why product descriptions carry more legal weight than you think
For an online store, much revolves around findability: good copy helps your products rank better in Google and draw visitors to your product pages. But that same copy has a second, often underestimated function. It creates expectations for your customer and can be legally binding.
When a customer places an order, they do so based on the information you provide. That information effectively constitutes an offer. The product description is therefore not non-binding marketing, but part of what you promise to deliver. Three things in particular pose a risk: factual errors, exaggerated claims, and the infringement of intellectual property rights.
Risk 1: factual errors can bind you
In principle, a customer may rely on what is stated in the product description. If you state that an office chair is red, the customer may expect a red office chair. However, it is not just the text that counts: the accompanying specifications, photos, and videos together create expectations and determine which product you must deliver. In that sense, a product description is anything but non-binding.
The exception: an obvious error
The situation is different in the case of a clear mistake that is recognizable to everyone. If a customer should reasonably have understood that an error was involved, they cannot, as a rule, simply rely on it. For example, if you state the dimensions as '63 x 55 x 106.5 m', it is evident to the average consumer that centimeters are meant here, not meters. A customer cannot then demand the delivery of an office chair that is 106.5 meters high.
Please note: the boundary between a binding error and a recognizable mistake is not always clear and depends on the specific circumstances. The clearer and more plausible the error, the greater the chance that a customer cannot rely on it. Do not count on a price or specification error always being classified as a 'manifest mistake'. In the case of an evidently incorrect price (for example, an expensive television for a few euros), the outcome is generally more favorable for the seller than in the case of a minor deviation that a customer could not reasonably have noticed.
Risk 2: Exaggerated claims create expectations and warranty claims
It is not only hard facts that bind you; the tone and promises in your text do so as well. If you write that a device is 'perfect for watching Netflix in HD,' the customer may expect the device to display HD image quality and for the Netflix app to work on it. Such promotional claims help determine what the product must comply with.
Promises regarding lifespan and quality
Be extra cautious with claims regarding lifespan, such as 'tens of thousands of hours of viewing pleasure' or 'lasts a lifetime'. Such claims can raise expectations regarding the reliability of the product. If a device subsequently breaks down quickly, this can influence the discussion regarding conformity and warranty to the detriment of the seller.
On top of this comes statutory consumer protection. A product must meet what the buyer may reasonably expect of it (conformity). The more assertive your promises, the higher that expectation lies. Furthermore, any commercial or manufacturer's warranty is separate from these statutory rights and may not restrict them. Therefore, formulate your product descriptions realistically: concrete and accurate rather than superlatives that you will have to live up to later.
Misleading advertising: also a commercial law risk
In addition to the contractual risk towards the individual customer, presenting facts in an overly favorable light can also constitute a misleading trade practice. Claims that are incorrect or create a false impression regarding a product's characteristics can lead to complaints and supervisory measures. Therefore, keep claims accurate and substantiated: mention demonstrable characteristics and avoid suggestions that you cannot substantiate.
Risk 3: copied texts infringe copyright
Plagiarism is never a good idea. Product descriptions can also be protected by copyright, especially if they have a unique, original character and showcase the creator's creative choices. If you copy such a text without permission, the copyright holder can demand that you take the description offline and also claim damages.
Therefore, never simply copy product descriptions from a competitor. If the manufacturer makes texts available that you are allowed to use, that is fine, but even then it pays to rewrite them: identical texts on multiple webshops (duplicate content) are generally not rewarded by Google. Writing originally is therefore the safest route, both legally and for your findability. You can read more about this on our page about copyright.
How to protect your position as a webshop
You can reduce the risk of binding errors and assertions with good agreements and conditions. A few concrete measures:
- Include a correction clause allowing you to correct obvious errors and typographical mistakes.
- Clarify that the product description is indicative and should be read in conjunction with the technical specifications and images.
- Be cautious with absolute claims regarding lifespan, performance, or results.
- Include these provisions in the general terms and conditions of your online store.
Please note that such clauses are not automatically legally valid. Strict rules apply to consumers, and provisions that go too far can be annulled. Therefore, have your terms and conditions reviewed to ensure they hold up. If you want to know whether your agreements are legally sound, our assistance with contract law provide a solution.
A short checklist for legally safe product texts
Go through this list before publishing a product page:
- Are the specifications, dimensions, and units correct, and do the text, photos, and videos match?
- Do you promise only features that the product demonstrably has, without exaggerated superlatives?
- Is the text original or rewritten by you, and not copied from a competitor?
- Does the page refer to your general terms and conditions with a correction clause?
Be careful with outsourced writing work
If you outsource the writing of product copy, you trust that it will be error-free and free of plagiarism. However, a copywriter will often limit their liability through an exclusion of liability, meaning you cannot simply hold them accountable if a client claims an error. Therefore, make clear agreements in advance regarding quality, originality, and liability.
What to do if a customer brings up your product description
If things do go wrong and a customer claims that the delivered product deviates from your description, proceed in a structured manner instead of immediately giving in or rejecting everything.
- Compare the claim with your own page. Compare what the customer states with the exact text, photos, and specifications as they were online at the time of ordering. Therefore, preferably keep a record of your product pages.
- Assess whether it concerns an obvious error. If the deviation was evidently a mistake to the average consumer, you are in a stronger position. If the deviation was subtle, you are more likely to be bound by it.
- Check your terms and conditions. If you have included a correction clause and it is valid against consumers, you may be able to invoke it to rectify an obvious error.
- Where possible, seek a practical solution. An appropriate discount, exchange, or repair often prevents a protracted dispute and protects your reputation as an online store.
If you are unsure whether you are obligated to deliver or pay, submit the case to a lawyer before making a commitment that will bind you later. Should it come to non-payment or an unjustified demand for reimbursement, our debt collection come into play.
Frequently asked questions about legal risks in product descriptions
Is a product description legally binding?
As a rule, yes. The product description, together with the photos and specifications, constitutes the offer on which a customer may rely. If the delivered product deviates from this, the customer can in principle hold you accountable, except in the case of a clearly recognizable error.
What if I make a mistake in my product description?
In the case of an obvious error that is recognizable to everyone, a customer usually cannot rely on it. However, if the error is not clearly recognizable, you may be bound by it. A correction clause in your general terms and conditions helps to rectify obvious errors.
Am I allowed to use product descriptions from a competitor?
No. Product descriptions can be protected by copyright. Reproducing them without permission can lead to a request to remove the text and to a claim for damages. Furthermore, Google often penalizes duplicate content. So write your texts yourself.
Does an exaggerated product description limit my warranty obligations?
On the contrary: firm promises regarding quality or lifespan actually raise the expectations your product must meet. Furthermore, consumers' statutory rights regarding conformity and warranty always remain valid and cannot be waived.
Does a disclaimer 'pricing and typographical errors reserved' help?
Such a correction clause can help rectify obvious errors, but it is not a free pass. Strict rules apply to consumers, and a clause that goes too far can be annulled. It works best for errors that a customer should reasonably have recognized, not for ordinary deviations.
Do these risks also apply to business customers (B2B)?
The core remains the same: even with business customers, your product description constitutes the offer, and what is delivered must correspond to it. However, in B2B you generally have more leeway to contractually limit liability and expectations than with consumers, because strict consumer protection does not apply, or applies to a lesser extent, in that context.
Are you unsure about your product descriptions or terms and conditions?
Our legal experts review your product descriptions and terms and conditions for legal risks and ensure that your clauses hold up against consumers. Want to know where you stand? Schedule a no-obligation intake or view our options for legal assistance for entrepreneurs.
