Drafting terms and conditions in Colombia makes it possible to establish the rules governing the use of a website, application, digital platform or service, and to define the rights, obligations and responsibilities of the company and its users or customers. At Cárdenas Vega Asesores, we draft and review these documents based on each business model, sales channel and the applicable Colombian legislation.
A clear document tailored to the business operation helps ensure that users are properly informed, supports the contractual relationship and reduces the risk of disputes. However, it should not merely reproduce standard clauses: the terms must reflect how the company actually offers, sells, delivers and provides its products or services.
What are terms and conditions?
Terms and conditions are a set of provisions governing the relationship between a company and the persons who use its channels, products or services. Depending on the nature of the transaction and how they are disclosed and accepted, they may form part of the agreement entered into with the user or consumer.
Their purpose is to explain, in understandable language, matters such as access to and use of the website, account creation, the purchasing process, payment methods, deliveries, cancellations, warranties, intellectual property, legally permissible limitations of liability, and the mechanisms available for submitting requests or complaints.
Why are they important for a business?
Well-structured terms and conditions provide clarity and legal certainty for business operations. Their principal purposes include:
- Defining the rules of the service: they explain what the company offers, how the channel operates and which conditions users must meet.
- Defining rights and obligations: they establish each party’s commitments within the limits permitted by law.
- Enhancing transparency: they enable consumers to understand the relevant conditions before entering into an agreement or making a purchase.
- Preventing disputes: they reduce ambiguity concerning payments, deliveries, cancellations, warranties, complaints and use of the platform.
- Protecting intangible assets: they govern the use of trademarks, content, software, databases and the company’s other intellectual property assets.
These documents may neither disregard consumers’ non-waivable rights nor give effect to unfair terms. Their provisions must therefore be consistent with the mandatory rules applicable to the relevant business activity.
What should terms and conditions include?
Their content depends on the industry, the type of user and the nature of the operation. Nevertheless, a comprehensive review will generally address the following matters:
- Company identification, contact information and customer service channels.
- Purpose and scope of the website, application, platform or service.
- Access and registration requirements, account creation and user responsibilities.
- Characteristics of the products or services and conditions of availability.
- Prices, taxes, additional charges, payment methods and invoicing.
- Purchasing process, transaction confirmation, delivery and performance of the service.
- Rules governing exchanges, cancellations, the right of withdrawal, payment reversals and warranties, where applicable.
- Permitted and prohibited uses of the website or platform.
- Ownership of and licenses for trademarks, photographs, text, software and other content.
- Responsibilities of the parties, account suspension and termination of the service.
- Procedures for submitting and tracking petitions, complaints or claims.
- Governing law, dispute resolution mechanisms and rules for updating the document.
Terms and conditions for e-commerce
Businesses that sell products or services electronically must comply with the special obligations established by the Colombian Consumer Protection Statute. Among other requirements, they must provide accurate, clear, sufficient and up-to-date information; disclose the characteristics of the product or the features included in the service; state the duration of offers and product availability; provide customer service channels and enable complaints to be tracked; present a summary of the transaction before it is completed; and retain evidence of the commercial relationship.
Law 2439 of 2024 strengthened several of these obligations, particularly those relating to information about products and services, customer service channels, complaint tracking, order delivery and refunds in the circumstances provided for by law.
Terms and conditions must therefore be consistent with the user’s actual experience. Publishing the document is not enough: purchase flows, acceptance checkboxes, notices, confirmations, contact channels and the company’s internal procedures must all be consistent with the information it contains.
Do terms and conditions replace the personal data processing policy?
No. Terms and conditions and a personal data processing policy serve different purposes. The former govern use of the channel and the contractual relationship; the latter explains the purposes and conditions under which personal data is collected, used, stored, disclosed or deleted.
Although both documents must be consistent, acceptance of the terms does not automatically replace the authorization and disclosure mechanisms required under personal data protection law. Depending on the operation, a privacy notice, cookie policy, specific authorizations and procedures for responding to data subjects’ inquiries or complaints may also be required.
Applicable legal framework in Colombia
Depending on the circumstances, the drafting process must take into account the Consumer Protection Statute and its amendments, the rules governing data messages and e-commerce, the personal data protection regime, intellectual property laws and the special regulations applicable to the sector in which the company operates.
- Law 1480 of 2011, the Colombian Consumer Protection Statute, as amended in relation to e-commerce by Law 2439 of 2024.
- Law 527 of 1999, governing data messages, e-commerce and digital signatures.
- Law 1581 of 2012, establishing the general personal data protection regime.
The specific application of these rules varies according to the business model. An online store, intermediary platform, subscription service, marketplace, mobile application and purely informational website do not require exactly the same provisions.
Why seek specialized legal advice?
Generic templates rarely reflect a company’s processes, risks and obligations in full. A clause copied from another business may be inapplicable, contradict actual operations or leave essential matters unaddressed. Moreover, a limitation of liability is not enforceable merely because it appears in writing: it must comply with mandatory rules and consumer rights.
At Cárdenas Vega Asesores, we provide:
- A legal assessment of the business model and the user experience.
- Tailored terms and conditions for websites, applications, platforms and services.
- Review and updating of existing documents to reflect legal, commercial or technological changes.
- Alignment with complementary documents, including personal data processing policies, cookie policies, privacy notices and authorizations.
- Recommendations on implementing acceptance mechanisms and retaining evidence of the versions disclosed to users.
Our team can draft or update your company’s terms and conditions so that they are clear, consistent with its operations and compliant with the applicable Colombian legal framework.
Frequently asked questions
Is a free template sufficient?
Not necessarily. It may serve as a general reference, but it must be adapted to the industry, the type of transaction, the company’s internal processes and its specific legal obligations.
Should evidence of acceptance be retained?
Yes. The company should be able to identify the version disclosed to the user and, where applicable, demonstrate the user’s acceptance. The appropriate mechanism will depend on the channel, the type of agreement and the level of risk involved in the operation.
When should terms and conditions be updated?
They should be reviewed whenever there is a change in the law, the business model, the products or services, payment methods, delivery terms, platform functionality or any other matter affecting the relationship with the user.