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How do I draw up General Terms and Conditions?

Do you sell products or services? General Terms and Conditions (GTC) are mandatory. Here's how to write them.
Rédigé par David Lefèvre
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Drafting general terms and conditions (GTCs) is an important process for any company. This serves not only to comply with obligations to legislation, but also to ensure security in the course of business activity. To draw up your general terms and conditions of sale, you can opt for one of two solutions  either you write them yourself, or you seek the help of a competent professional. Either way, in this article we’re going to show you how to write GTCs. This way, you can easily choose the way you think about drafting your GTC.

Why is it essential to write GTC ?

Drafting General Sales Conditions (GSC) is crucial for several reasons. As a professional, you are obliged to provide your GSCs to all customers who request them. Although it’s not mandatory to draw up GSCs in order to carry out your professional activity, it’s strongly recommended that you prepare them.

Firstly, you must provide these documents to a professional customer if they request them. It’s good practice to anticipate this obligation by having your GTCs ready.

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Secondly, GTCs are an important legal instrument that gives companies security in their business activities. They clarify the terms of the sale, the responsibilities of each party, and can prevent disputes. Consequently, drawing up GTCs is an essential point in protecting your company and ensuring transparent, secure business activity.

How to properly draft your GTCs to protect your business.

When drafting general terms and conditions of sale (GTCS), it’s essential to include the following elements:

  • Your terms of sale: Clearly state when ownership of the product is transferred, delivery procedures, payment terms, etc.
  • Unit price index: Present the unit prices of products offered for sale in a transparent manner.
  • Price reduction methods: Detail price reduction methods, such as sales, discounts, etc.
  • Terms of payment : Specify penalties applicable in the event of late payment.
  • Discounts for cash payment: Indicate the sum of possible discounts for buyers in case of immediate payment.

Concerning payment terms, the payment terms granted to buyers must be mentioned in the GTC.

Since the Hamon law came into force, certain contractors can exercise their right of withdrawal on concluded contracts, under the following conditions:

  • The contract is signed outside the establishment.
  • The subject of the contract does not affect the company’s core business.
  • The company has at least five employees.

Let us help you draft your terms and conditions

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While it’s possible to draft your own GTCs using online templates, this method can present risks. Given the legal importance of this document, it’s strongly recommended to seek the help of a professional (lawyer or attorney) via specialized platforms such as BeFreelancr. A professional will ensure that your T&Cs are tailored to your business and comply with legislation.

Why is it essential to draft your GTCs properly?

Well-written general terms and conditions are crucial for several reasons:

  • They must be in due and proper form, with every word having legal value.
  • General terms and conditions are a legal contract that protects your company’s interests.
  • Professional GTCs will prevent you from contravening the law by complying with mandatory information and conditions defended under penalty of sanctions.

Investing in professionally drafted GTCs is a guarantee of legal security for your business. This avoids the risk of litigation and penalties.

Conclusion

In summary, we know that drafting GSCs (General Sales Conditions) is no easy task. Despite this, it’s worth bearing in mind that when properly drafted, GSCs are an indispensable element. They provide a guarantee of legal and financial security for your business activity.

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