The general terms and conditions of sale (GTCS) or “Terms and Conditions of Sale” are a set of clauses drafted by a seller or service provider that define the rules applicable in the context of commercial transactions with their clients. The GTCS are the legal framework governing the relationships between sellers/service providers and buyers. Therefore, they must be accessible and understandable to customers.
These terms include, at a minimum, information about the products or services offered, prices, payment terms, delivery conditions, deadlines, guarantees and return or cancellation policies. They also specify the responsibilities of each party and the measures in case of non-compliance with the contract terms.
In France, the GTCS are regulated by the Commercial Code, which obliges professionals to communicate them to any buyer of products or services for professional use who requests them. For transactions with consumers, the GTCS are also regulated by the Consumer Code which aims to protect consumers’ interests by ensuring the clarity and transparency of the information provided.
The GTCS must be clearly accepted by customers, typically by checking a box on a website before finalizing the purchase. Acceptance is important as the GTCS can be enforced against the customer in case of a dispute if they have been duly accepted. Companies must ensure that their GTCS not only comply with current regulations but are also clearly visible and easily accessible.