The general terms and conditions of sale (GTC) provide a framework for French commercial relations.
They inform your customers, in a legible and understandable way, of their rights and obligations when selling your products and/or services.
This obligation of transparency considerably reduces the risk of litigation between you and your customers.
The mandatory nature and content of the general terms and conditions of sale vary depending on whether your offer of goods or services is addressed to private individuals or to professionals.
The terms and conditions of sale must appear on your website.
Failure to comply with this information obligation is punishable by a €3,000 fine for a sole proprietorship (including micro-entrepreneurs) and €15,000 for a company (SARL, SA, SAS, etc.).
The general sales conditions must contain the following information :
Essential characteristics of the goods and/or services
Price including VAT : All taxes included in euros
Costs, date and terms of delivery
Terms and conditions for the execution of the contract
Terms of payment: authorized methods of payment and the question of late payment
Right of withdrawal: deadline and conditions to cancel and return the order
Legal guarantee of conformity and guarantee of hidden defects
Commercial warranty and after-sales service : cost of remote communication
Duration of the contract and cancellation conditions
Security or guarantee to be provided by the customer, if applicable
Minimum duration of the customer’s contractual obligations
Existence of a code of conduct applicable to the contract, if applicable
Dispute resolution procedures: court of jurisdiction and possibility of recourse to a mediator
✅
Essential characteristics of the goods and/or services
✅
Price including VAT : All taxes included in euros
✅
Costs, date and terms of delivery
✅
Terms and conditions for the execution of the contract
✅
Terms of payment: authorized methods of payment and the question of late payment
✅
Right of withdrawal: deadline and conditions to cancel and return the order
✅
Legal guarantee of conformity and guarantee of hidden defects
✅
Commercial warranty and after-sales service : cost of remote communication
✅
Duration of the contract and cancellation conditions
✅
Security or guarantee to be provided by the customer, if applicable
✅
Minimum duration of the customer’s contractual obligations
✅
Existence of a code of conduct applicable to the contract, if applicable
✅
Dispute resolution procedures: court of jurisdiction and possibility of recourse to a mediator
Between professionals, the GSC: General Sales Conditions are optional, but they must be communicated upon request.
Refusal to communicate with them is punishable by a fine of €15 000 for a sole proprietorship (including micro-entrepreneurs) and €75 000 for a company (SARL, SA, SAS, etc.).
The general sales conditions must contain the following information
Price before tax: HT : Excluding taxes in euros: price lists or price calculation method
Discounts and rebates: price reductions, one-time promotional discounts and deferred rebates. They must be fixed according to precise and objective criteria.
Commercial discounts : reduction granted to a customer in case of early payment
Payment terms: authorized payment methods and penalties applied in case of delay
Delivery date and charges
Dispute resolution : court of jurisdiction
✅
Price before tax: HT : Excluding taxes in euros: price lists or price calculation method
✅
Discounts and rebates : price reductions, one-time promotional discounts and deferred rebates. They must be fixed according to precise and objective criteria.
✅
Commercial discounts : reduction granted to a customer in case of early payment
✅
Payment terms: authorized payment methods and penalties applied in case of delay
✅
Delivery date and charges
✅
Dispute resolution : court of jurisdiction
You also have the possibility of adding a clause of property reserve (clause which makes it possible to make correspond the date of the transfer of property with the integral payment of the price) a clause of limitation of responsibility, a clause relating to the cases of absolute necessity (exceptional, unforeseeable and irresistible event justifying to exonerate itself from an obligation, a commitment or a responsibility (for example: natural disaster for an insurance contract, death of the employee for a contract of employment…)) or the conditions of termination of the contract.
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