USE CASE · U.S. E-COMMERCE
US Online Store Legal Review
Anyone opening a Shopify, D2C, or other online store for U.S. customers cannot simply adopt European e-commerce regulations as they are written in English. Contract formation, shipping, returns, advertising, reviews, recurring payments, and data protection may be subject to federal and state requirements.
We review online stores prior to their U.S. launch or while their U.S. operations are already underway. Matthias Schuhmacher and Raphael Tautz coordinate German-language support and the case-by-case integration of the appropriate U.S. legal expertise.
The Case at a Glance
Background
An existing online store needs to be opened to U.S. customers, or a U.S. business that is already operational needs to undergo a legal review.
Objective
Align the customer journey, legal texts, and key store processes with the U.S. requirements relevant to the business model.
Support
German-speaking representatives review the online store and documentation and, if necessary, coordinate state-law or specialized issues with the U.S. team.
Your Situation
From a technical standpoint, an online store can be set up very quickly to accept orders from the United States. Legally, however, this creates a new market. U.S. federal law is supplemented by the contract, consumer, and data protection laws of the individual states.
Significant risks often arise when European store descriptions or platform templates are adopted without being reviewed. What matters is not only the wording of the legal texts, but also how products are advertised, terms are incorporated, delivery times are presented, and cancellations are actually handled.
Our Support
We review the actual customer journey, from the product offering through the shopping cart and checkout to order confirmation, delivery, returns, and, if applicable, cancellation of a subscription.
The review is tailored to your specific business model. You will receive a prioritized list of items that should be addressed before the U.S. launch, as well as topics that will only become relevant as your U.S. business grows or in certain states.
Carefully Review a Specific U.S. Online Store
Please describe your e-commerce platform, products, target customers, and U.S. sales model. We will determine which areas require a focused legal review.
Assessing U.S. E-Commerce Compliance Throughout the Customer Journey
The scope depends on whether goods, digital services, or subscriptions are being sold, and in which states customers are located. Typical areas of review include:
Terms & Conditions and Checkout
Technically integrate the contract terms and consent.
We review the terms of sale, the ordering process, and the way in which customers are made aware of the terms and conditions and agree to them. This includes, among other things, the conclusion of contracts, order acceptance, payment terms, and dispute resolution.
The legal validity of the terms and their technical integration into the checkout process are considered together.
Shipping, Returns, and Warranties
Adapt shipping policies and customer guidelines to the U.S. market.
When selling goods, delivery times, delays, returns, and warranty statements can have legal implications. For example, the FTC's "Mail, Internet, or Telephone Order Merchandise Rule" sets forth requirements regarding advertised delivery times and how to handle delays.
We review shipping, return, and refund policies, as well as warranty statements, based on the actual fulfillment model.
Advertising, Prices, and Reviews
Assess the legal status of marketing claims and customer reviews.
Product claims, price and discount representations, testimonials, and reviews are subject to specific requirements in the United States. Unfair or misleading practices may fall under Section 5 of the FTC Act in particular.
We review the key statements and processes relevant to the store and identify areas where additional disclosures or internal rules would be appropriate.
Subscriptions, Privacy, and State Law
Identify additional requirements for specific business models.
Automatic renewals, recurring payments, or free trials may trigger additional federal and state law requirements. Data protection laws are also increasingly being regulated at the state level.
We first determine which additional rules are actually relevant to the specific business model, and then focus only on the areas that are necessary for the store.
Your Contacts
Dr. Raphael Tautz and Matthias Schuhmacher are the primary German-speaking points of contact. Depending on the business model, the appropriate members of the U.S. Business Law, Technology, or Litigation practices are brought in.
Partner · STEM Practice Group
Your contact in Munich
Partner · STEM Practice Group
Your contact in Munich
Frequently Asked Questions
Technically, often yes. Legally, terms and conditions, checkout, shipping, returns, marketing, and—if applicable—subscription or state law issues should be reviewed in advance.
Not necessarily. In principle, a European company can sell directly to U.S. customers. Whether it makes sense to establish a U.S. entity depends on the broader business, liability, and tax structure.
For ordinary online purchases, there is no general right of withdrawal at the federal level based on the European model. State law, specific product categories, and a seller’s own return policies may nevertheless give rise to certain requirements.
Not automatically. U.S. data protection law follows a different system and is shaped in many areas by state laws. Its applicability should be assessed based on the specific business model.
Yes. We can review the existing store and the actual customer journey and use that to identify specific priorities for search terms, checkout, and other compliance issues.
Additional Information
U.S. Terms and Conditions for Online Stores
Terms of Sale, Checkout, Warranties, and Dispute Resolution under U.S. law.
Subscription and Auto-Renewal Compliance
Check for automatic renewals and recurring payments in the U.S.
U.S. Business Law
German-speaking support for other U.S. business matters.
Primary Sources / Legal Bases
Selection of primary and original sources particularly relevant to this use case:
- Federal Trade Commission Act, 15 U.S.C. §§ 41–58 – the FTC’s primary legislation; Section 5 covers, among other things, unfair or deceptive acts or practices.
- Mail, Internet, or Telephone Order Merchandise Rule, 16 C.F.R. Part 435 – FTC rule regarding shipping promises, delays, and refunds for online orders of merchandise.
- E-SIGN Act, 15 U.S.C. § 7001 – Federal law regarding the legal recognition of electronic contracts, signatures, and records.
- Consumer Reviews and Testimonials Rule, 16 C.F.R. Part 465 – FTC rule regarding certain unfair or misleading practices in reviews and testimonials.
German 
English (United States) 
English (UK)