To whom are your General Terms and Conditions of Sale addressed?

The first mistake in General Sales Conditions (GSC) is not knowing who you’re talking to! Our firm recently carried out a mission to proofread and correct the GTCs of dozens of e-commerce sites, and we often noticed this basic error: our customers want to sell only to consumers or only to professionals, but this is not clearly specified in their GTCs. In fact, we recently defended a business customer before the Commercial Court, who had bought on a site dedicated to private individuals, benefiting from attractive conditions reserved for private individuals, without knowing that the offer was not aimed at him. The seller had not clearly defined the clientele he was targeting, but was claiming tens of thousands of euros in damages from our customer. We relied on the customer’s own General Terms and Conditions of Sale to assert his good faith, and obtained a decision in his favor.

Why is it important to specify the target clientele in your GTCS?

General terms and conditions of sale vary according to the clientele you are targeting. If you’re targeting professionals, you might consider including exclusive warranty clauses for hidden defects or a jurisdiction clause, which will greatly reduce the risk and cost of future litigation. If you’re dealing with consumer customers, then there’s a long list of compulsory clauses that you must include in your GTCS, on pain of penalties.

Is it possible to have several versions of the GTC?

Apart from legal obligations, your T&Cs reflect your business rules, which may differ depending on your target audience. As a no-show restaurateur, you can ask for pre-payment by credit card for any table booked by a private customer. But if the customer is a professional organizing a business lunch with a specific menu, the reservation and deposit payment process is likely to be quite different. To be effective both before and in the event of a dispute, terms and conditions must be extremely clear. Even better is to segment them according to the target clientele.

How do I know if my GTCS are compliant?

Several customers had purchased model GTCs from legaltech websites. These were neither complete nor compliant, and even included clauses that worked against them. Other customers had home-made GTCs, which would not have protected them very well in the event of a dispute. Worried you might be affected? We can review your terms and conditions and suggest any improvements that will help you defend yourself in the event of a dispute.