The general terms and conditions of sale govern the commercial relationship between a professional and a consumer. They specify the conditions of sale of goods and/or services.

Presenting general conditions of sale protects your company and avoids misunderstandings with your customers by formalizing the clauses of the commercial relationship to come.

In addition, in certain cases, you have the obligation to inform your customers of your GCS and even to have them accepted before any sale of goods or provision of services.

What are the general conditions of sale? When are they mandatory? How can they be made accessible and accepted?

Focus on this key legal document for your business activity.

What are the general terms and conditions of sale ?

The general conditions of sale commonly called « GTC » summarize a set of information provided by a supplier to his client (professional or private) on the legal conditions of sale of his goods or the performance of his services.

The T&Cs must be in writing. Each piece of information is presented in a clause. There is first a set of mandatory clauses, then recommended clauses.

Also, texts of law regulate the abusive and prohibited clauses of the GCS (in the context of relations maintained with private customers – consumers). Finally, certain clauses of the general conditions of sale are negotiable by the customer.

The general conditions of sale constitute the basis of commercial relations and reflect the company’s policy in this area.

Are the General terms and conditions of sale mandatory?

The obligations in terms of establishing the general conditions of sale depend on the company’s customers.

The drafting of general conditions of sale is indirectly made compulsory by the Commercial Code (and more particularly article L.441-6) because it imposes the communication of the general conditions of sale of a company to any professional customer who Requirement.

In France, the absence of communication, the company is liable to a fine of 15,000 euros (for natural persons) or 75,000 euros (for legal persons).

The general conditions of sale between professionals

• Mandatory information

In the context of relations between professionals, the content of the T&Cs is different from that concerning individuals, so the T&Cs must include:

• the conditions of sale,

• the scale of unit prices,

• price reductions,

• payment terms.

Depending on the professional category concerned, the professional seller has the possibility of differentiating between the T&Cs.

Optional mentions

It is also recommended to add certain clauses in your T&Cs in order to further secure your relations with your customers. These clauses may relate in particular to:

• a disclaimer in the event of late delivery,

• the customer’s agreement on a price change,

• the return of the goods in the absence of full payment (so-called retention of title clause),

• a force majeure clause,

• a clause conferring jurisdiction or allowing the applicable law to be determined.

• Communication of the T&Cs

What is the difference between CGV and CGU?

The general conditions of use (CGU) aim to define the terms of use of a website or a mobile application. They also make it possible to establish the relationship between the user of the site or application and its publisher.

Any person browsing the site is considered a user. It must therefore respect the T&Cs of the site even if it does not buy any goods or services.

Thus, unlike the T&Cs which govern the contractual relationship between the buyer and the seller, the T&Cs only concern the use of the site.

There is no legal obligation to have T&Cs for its website. However, they are strongly recommended because they allow you to define:

• the procedures for creating an account and managing it,

• the rules and rights applicable to intellectual property,

• the methods of protection of personal data,

• limitation of the publisher’s liability in the event of abusive or racist remarks posted by a user.

The opposability of the T&Cs and T&Cs

In order to be enforceable against the customer or the user, the T&Cs and T&Cs must be expressly accepted. Acceptance can be collected by means of a checkbox.

Some sites include the T&Cs inside the T&Cs, which can cause confusion for the user. Thus, it is strongly recommended to distinguish between the two types of conditions and to write them in a legible and clear manner as required by the texts.

Conclusion

In order to be enforceable against the customer or the user, the T&Cs and T&Cs must be expressly accepted. Acceptance can be collected by means of a checkbox.

Some sites include the T&Cs inside the T&Cs, which can cause confusion for the user. Thus, it is strongly recommended to distinguish between the two types of conditions and to write them in a legible and clear manner as required by the texts.