All you need to know about general terms and conditions for sale
On the importance of the general terms and conditions of sale between professionals
The general terms and conditions of sale allow you to inform your client of the terms and conditions applicable to the sale of your goods and services. They are, therefore, a key tool which, when established, form the sole basis of the commercial relationship.
Communication of general terms and conditions of sale between professionals
The general terms and conditions must be communicated by any means constituting a durable medium.
it is, therefore, advisable to always attach to your contractual documents such as your quotations, your order forms and your sales contracts.
This will enable your client to refer to them at any time and to keep them and thus anticipate any dispute in this regard.
Mandatory information that must appear in the general terms and conditions of sale between professionals
In accordance with the French Commercial Code, the general terms and conditions of sale must contain certain mandatory information, such as – inter alia:
- the terms of payment, in particular the payment deadlines applicable to your activity, late payment penalties and fixed compensation for collection costs, all of which must comply with the obligation set out in this respect by the French Commercial Code,
- the elements for determining the price, such as the unit price scale, and
- any price reductions.
It should also be noted that certain mandatory information must appear if you carry out a specific activity, and in particular if this activity is related to food products, products intended for pet food or agricultural products or food products containing one or more agricultural products.
These mandatory information must also be completed by all relevant information enabling your client to understand your commercial policy, such as the reservation of ownership clause, your transport conditions or the jurisdiction clause.
The importance of paying a particular attention to the drafting of the general terms and conditions of sale between professionals
If your general terms and conditions of sale do not comply with applicable regulations, you may be subject to fines.
It is, therefore, essential to anticipate the drafting of such a document by asking yourself the right questions about your business and the terms and conditions of sale you wish to apply in this respect.
A Linkea expert may assist you in this reflection to enable you to have general terms and conditions of sale that suit you