What is the main purpose of BtoC general terms and conditions?

It is therefore necessary for the drafter of BtoC general terms and conditions of sale to be as transparent as possible by ensuring that they remain readable and understandable for the consumer.

Be sure to write your general terms and conditions of sale in French and to use a sufficiently font (which in any case should ne be smaller than 8).

Enforceability of BtoC general conditions of sale

In order to be enforceable, the BtoC general terms and conditions must be systematically communicated to all customers prior to placing an order and must be explicitly accepted by the customer.

In this respect, it is essential for the professional to keep a record of the customer’s acceptance in the event of a future dispute.

What are the mandatory information that must be included in the BtoC general terms and conditions?

The mandatory information that must be included in the BtoC general terms and conditions are listed in the French Consumer Code. Are included the following conditions :

• The essential characteristics of the good or service,
• The price,
• The costs, date and method of delivery,
• The manner of performance of the contract and, in the absence of immediate performance of the
• contract, the date or period within which the trader undertakes to deliver the goods or perform the service,
• Information concerning the identity of the professional, its postal address, telephone and emailing contact details and its activities,
• The existence of and procedures of implementation of the legal warranties, including the legal warranty of conformity and the legal warranty against hidden defects and the potential commercial warranties, as well as, if applicable, the after-sales service and information on other contractual conditions,
• The possibility of having recourse to a consumer mediator and the indication of the mediation body chosen

Moreover, additional information will be mandatory for certain specific contracts such as distance selling (including the famous right of withdrawal).

In addition to this so-called mandatory information, other information must also be included in the BtoC general terms and conditions, which will enable the consumer to be fully informed about your sales process :

• The prerequisites for an order: does the product sold have standard dimensions?
• The territory : are the products or services sold worldwide or only in a limited territory?
• The ordering process and the ordering modalities: how can the customer place an order?

Be careful, however, not to fall into the trap of so-called “unfair” clauses, which must be prohibited because they create a significant imbalance between the rights and obligations in the contract.

It will therefore be essential to draw up BtoC general terms and conditions of sale that are tailored to your offer and your activity while respecting the legal an regulatory framework provided for the purpose.