Whether you’re a first-time entrepreneur or a well-established business owner, the writing of general terms and conditions (GTCs) is a crucial element of your commercial activity. Well-written GSCs can help protect your business and build trusting relationships with your customers. But where do you start? In this article, we’ll guide you through the essential steps for drafting clear, comprehensive and legally sound GTS. Follow our advice to ensure your company’s success and avoid costly disputes.
Understanding the rules applicable to GCS
General terms and conditions of sale (GTCS) are a set of rules that define the conditions under which a company sells its products or services to its customers. GSCs are governed by strict legal rules that vary according to the country and region in which the company is located.
In France, CGVs are governed by the French consumer law no. 2014-344 of March 17, 2014, which amended article L.441-6 of the French Commercial Code. This law defines the compulsory information that must appear in CGVs and prohibits certain unfair clauses.
- Mandatory information includes:
- Company information: name, address, identification number, etc.
- The essential characteristics of the products or services offered
- Prices and terms of payment
- Delivery times and terms
- Guarantees and return or exchange conditions
- Abusive clauses are those that unbalance the rights and obligations of the parties or improperly restrict the rights of the consumer. For example, it is forbidden to include clauses limiting the company’s liability in the event of damage caused to customers.
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It is important to comply with these rules to avoid disputes with customers or legal sanctions. Companies can obtain information from their chamber of commerce or from a lawyer specializing in commercial law to make sure they comply with the regulations in force.
Identify the key elements to include in your GCS
To write effective general terms and conditions (GTCs), it’s important to include certain key elements that meet customers’needs and expectations while protecting the company’s interests. Here are the key elements to include in your GTS:
Company information
It is important to indicate the company’s name, address, contact details and identification number, as well as its legal form and the name of the manager.
Products and services offered
It is essential to describe the features, prices and payment terms of the products or services offered. It’s also advisable to include information on delivery times, delivery charges and delivery zones.
Order and delivery terms
It’s important to indicate how to order (by phone, email, online, etc.) and to specify delivery conditions (lead times, carrier, packaging, etc.).
Guarantees and limits of liability
It is essential to describe the guarantees offered to customers (duration, scope, exclusions, etc.) and to specify the company’s limits of liability in the event of damage caused to customers.
Conditions for returns and exchanges
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It is important to specify the conditions under which customers can return or exchange products (timeframe, terms, fees, etc.) and to specify exclusions (personalized products, perishable products, etc.).
Including these key elements in your GTCs can reassure customers and avoid disputes. It’s advisable to draft your GTCs in a clear and comprehensible manner to make them easier for customers to read.
Drafting your GTCs in a clear and comprehensible manner
Drafting clear, comprehensible general terms and conditions (GTCs) is essential to make them easier for customers to read and avoid disputes. Here are a few tips for drafting clear and effective GSCs:
Use simple language
Avoid using technical jargon or complex legal terms that can make it difficult for customers to read. Use simple, easy-to-understand language.
Structure the text
Use a clear structure to make text easier to read and understand. Use headings and subheadings to organize the text into distinct sections.
Avoid paragraphs that are too long
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Avoid overly long paragraphs, which can make reading difficult. Try to limit paragraph length to 4 or 5 sentences maximum.
Use concrete examples
Use concrete examples to illustrate your points and make it easier for customers to understand.
Avoid ambiguous terms
Avoid ambiguous terms that can confuse customers. Be precise and avoid subjective interpretations.
Avoid spelling and grammatical errors
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Avoid spelling and grammatical errors, which can give the impression of carelessness and make reading more difficult.
It is always advisable to ask a third party to proofread your T&Cs to ensure that they are easily understandable by everyone.
Get your terms and conditions validated by a professional
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Having your general terms and conditions (GTCs) validated by a professional can be a good idea to ensure that your GTCs comply with the law and that they’meet the needs of your business and your customers. Here are some of the advantages of having your terms and conditions validated by a professional
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Legal compliance
A legal professional can help you ensure that your T&Cs comply with current laws and regulations, which can save you from litigation and fines.
Customization
A professional can help you customize your T&Cs to meet the specific needs of your business and your customers. This can help you stand out from the competition and improve customer satisfaction.
Protecting the company’s interests
A professional can help you protect your company’s interests by including limitation of liability and warranty clauses that can protect you against customer claims.
Reducing the risk of litigation
A professional can help you reduce the risk of disputes by eliminating ambiguous or illegal clauses. In addition, he or she can clarify terms and conditions for customers.
Quality assurance
General terms and conditions can be a source of disputes if they are not clear and precise. By calling on a professional to draw them up, you can avoid misunderstandings and conflicts with your customers.
Regularly update your GTC
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Regularly updating your general terms and conditions (GTCs) is essential to maintain their relevance and compliance with current laws and regulations. Here are a few reasons why you should regularly update your GSCs:
Legal compliance
Laws and regulations are constantly evolving. So it’s important to update your T&Cs to ensure they comply with current legislation. Non-compliance can result in fines and litigation.
Changes in your business
If your company undergoes significant changes such as the addition of new products or services, or a change in structure, update your T&Cs to reflect these changes.
New business practices
It’s important to update your T&Cs if you change your sales policy. The same applies to your payment methods or delivery times. You must inform customers of these changes.
Improving clarity and readability
Terms and conditions can become increasingly complicated as your business grows. New conditions added can make them difficult to understand. By regularly revising your T&Cs, you can improve their clarity and readability for customers.
Reinforcing customer confidence
Keeping your T&Cs up to date shows that you’re a conscientious and reliable professional. This can boost customer confidence in your company.
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