General terms and conditions of sale (GTCS) for business customers are an important legal document for companies selling products or services online.
The formalism of these GCS must comply with article L. 441-1 of the French Commercial Code.
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Who should draw up the GTCS?
General Terms and Conditions are drawn up by the company selling products or services online. This may include a web agency, a web developer or an e-commerce site.
It is important to note that General Terms and Conditions of Sale are a legal document and must therefore be drafted by a legal professional to avoid any errors or omissions, particularly in the case of General Terms and Conditions of Sale intended for consumers, where numerous details must be indicated (L. 111-1 et seq. of the French Consumer Code).
When it comes to general terms and conditions for professionals, there is greater freedom.
What information should be included in the general terms and conditions of sale for professionals?
The information that must be included in the BtoB General Terms and Conditions of Sale, without being exhaustive, includes the following:
- seller's identity
- a description of the products or services sold
- the price or price-determining factors
- payment and delivery terms
- guarantees and responsibilities
- how to terminate the contract
- law and jurisdiction.
Are T&Cs a contract?
Yes, the GCS are a contract between the seller and the buyer.
They have legal force and are enforceable in the event of a dispute, as long as they have been accepted.
Is it compulsory to have terms and conditions?
For professional customers,there is no obligation to draw them up, but if they are drawn up, they must be communicated to customers who request them.
Failure to communicate these terms and conditions is punishable by a fine of 75,000 euros for legal entities(Article L. 441-1 of the French Commercial Code).
Although not mandatory, these General Terms and Conditions define the terms and conditions of sale, protect the seller in the event of a dispute, and inform the customer of the terms and conditions of the binding contract.
How do I set up general terms and conditions?
We recommend that you call on the services of a legal professional to draw up your General Terms and Conditions of Sale, which will enable you to include the compulsory terms and conditions, as well as stipulations that are favorable and in line with your logistical and operational functioning.
You can also find sample GTCs online, but it's advisable to have them proofread by a lawyer before using them.
What's the difference between GTC and GCU?
The GTC and the GCU are two different legal documents:
- Terms and conditions are a contract between the seller and the buyer defining the conditions of sale of a product or service.
- The CGU (General Terms of Use), on the other hand, is a contract between the user and the website that defines the conditions of use of the website.
Why accept the T&Cs?
By accepting the GTC, the customer agrees to abide by the terms and conditions of the transaction. This contract is therefore binding on both parties. It protects the seller in the event of a dispute, and guarantees a better shopping experience for the customer.
In the absence of acceptance of these terms and conditions, they will not be enforceable against the customer concerned.
General terms and conditions of sale are an essential legal document for any company selling products or services online. They are often the only binding document.
This document has the advantage of being standard and applicable to every sale, limiting negotiations for each agreement.
Of course, if a customer wishes to negotiate the applicable stipulations, the parties can always draw up special Conditions of Sale.
If you're a web agency or e-commerce site offering online services, it's essential to set up terms and conditions of sale to protect your business and ensure a quality shopping experience for your customers.
Don't take the risk of exposing yourself to penalties and contact me now to find out more about setting up your T&Cs and protecting your web agency or e-commerce site!
