General Terms and Conditions of Sale (GTC)

Verified 17 February 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The general terms and conditions of sale (GTC) allow you inform your customer about your terms sale of a product or service. When your customer is an individual, you must necessarily transmit your GTC to him. However, if your client is a professional, they must be communicated when your client requests them.

Business Customer

When your customer is a professional, you are not obliged to have general terms and conditions of sale (GTC) but this is highly recommended. If your customer asks for them, you will have to provide them.

Warning  

The GTCs should not be confused with the General Terms of Use (GTCs). Terms and Conditions are used to provide the rules for using a service (e.g. a website)

The general conditions of sale are intended to give sales information to which they relate.

They constitute a trading floor between you and your client. You can agree on special conditions of sale in your commercial exchange.

These special conditions do not form part of the general conditions of sale subject to the obligation of information for all purchasers.

You must include certain information in your general terms and conditions of sale. These terms differ according to whether the sale is a sale of goods or a supply of services.

You are next free to add other information which are not mandatory, such as a confidentiality clause or a fidelity clause for the duration of the contract.

Sale of goods

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Distance sales of goods

You must include a number of mandatory information in your terms and conditions of sale.

The information differ by category to which your customer belongs (e.g. wholesaler, retailer). Thus, they will apply only to the category to which they are addressed.

1. Elements of the Regulation

You must specify the price list and any discounts. You must also specify the conditions under which the customer will have to pay.

You can for example provide a certain method of payment (check, credit card...) or the possibility of paying in several installments.

If you plan to make discounts, you must also indicate this in your terms of sale.

2. Elements concerning late payments

You must provide the following information:

  • Interest rates for late payment penalties which may be required
  • Amount of the lump sum payment for collection costs if the amounts due are paid after the date indicated on the invoice

FYI  

If you fail to comply with the terms of the lump sum award, you are liable to a fine of €75,000 individual business (or) €2 000 000 (business)

3. Elements concerning conditions of sale

You must indicate in your GTC all the information concerning your conditions of sale. Examples include the conditions under which the product becomes the property of the customer, delivery conditions, etc.

4. Elements concerning the legal guarantee of conformity and the legal guarantee of hidden defects

The legal guarantee of conformity is used to guarantee all manufacturing defects when purchasing or delivering a product.

The legal guarantee of hidden defectsHowever, it serves to protect the purchaser who has purchased a product whose use is not the expected use or whose use is reduced because of a defect. Had the buyer been aware of this defect, he would have bought the product cheaply or would not have bought it. This warranty applies to your business customers when they are outside their area of expertise. For example, an accounting machine makes miscalculations without any fault on the part of the accountant or the program used. 

You must provide the following information:

  • Name of the professional which guarantees the goods
  • Contact Information postal and telephone services, the trader's e-mail address or any other means of communication enabling call for safeguards to be put in place

Warning  

In case of sale of digital products, you must indicate in a specific box the arrangements for the implementation of those guarantees. The content of the box should be adapted to the period over which the contract extends.

5. Elements concerning the right of withdrawal

You must indicate in your GTC the possibility for the customer to retract after having concluded the distance selling and how it can do so. You must also offer a standard form of withdrawal.

The withdrawal period is 14 days. He runs from the day after receipt for the sale of goods. If not specified, your customer will benefit from a longer lead time up to 12 months to cancel your order and get a refund. If you inform your customer during this period that there is a withdrawal period then, a delay of 14 days will start from the release of the information.

When you are notified of the customer's decision to withdraw, you have a period of 14 days to redeem of all sums paid.

The same rules apply to products sold.

However, some products shall not be subject to the right of withdrawal and therefore cannot be refunded. This includes the following products:

  • Personalized product: it has been made especially for the consumer (custom made for example)
  • Rapidly perishable product: food products, for example
  • Video cassettes, CDs, DVDs if unsealed by the consumer
  • Press: newspapers, periodicals or magazines

FYI  

when selling food products intended for humans or pets, you must include product composition information.

Sales of goods within an establishment (e.g. shop)

A number of of mandatory information must be indicated in your general terms and conditions of sale.

The information differs depending on the category to which the buyer belongs (for example, wholesaler or retailer). Thus, they apply only to the category to which they are addressed.

1. Elements of the Regulation

You must specify the price list and any discounts. You must also specify the conditions under which the customer will have to pay.

You can for example provide a certain method of payment (check, credit card...) or the possibility of paying in several installments.

If you plan to make discounts, you must also indicate this in your payment terms.

2. Elements concerning late payments

You must provide the following information:

  • Interest rates for late payment penalties which may be required
  • Amount of the lump sum payment for collection costs if the amounts due are paid after the date indicated on the invoice

FYI  

If you fail to comply with the terms of the lump sum award, you are liable to a fine of €75,000 individual business (or) €2 000 000 (business)

3. Elements concerning conditions of sale

You must indicate in your GTC all the information concerning your conditions of sale. Examples include the conditions under which the product becomes the property of the customer, delivery conditions, etc.

4. Elements concerning the legal guarantee of conformity and the legal guarantee of hidden defects

The legal guarantee of conformity is used to guarantee all manufacturing defects when purchasing or delivering a product.

The legal guarantee of hidden defects, on the other hand, serves to protect the purchaser who has purchased a product whose use is not the expected use or whose use is reduced because of a defect. Had the buyer been aware of this defect, he would have bought the product cheaply or would not have bought it. This warranty applies to your business customers when they are outside their area of expertise. For example, an accounting machine makes miscalculations without any fault on the part of the accountant or the program used. 

You must provide the following information:

  • Name of the professional which guarantees the goods
  • Contact Information postal and telephone services, the trader's e-mail address or any other means of communication enabling call for safeguards to be put in place

Warning  

In case of sale of digital content, you must indicate in a specific box the arrangements for the implementation of those guarantees. The content of the box should be adapted to the period over which the contract extends.

Provision of services

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Remotely concluded service provision

1. Elements of the Regulation

You must specify the price list and any discounts. Where the price of the service or type of service cannot be determined accurately, you must provide the method of calculation.

You must also specify the conditions in which the customer will pay for. You can for example provide a certain method of payment (check, credit card...) or the possibility of paying in several installments.

If you plan to make discounts, you must also indicate this in your payment terms.

2. Elements concerning late payments

You must provide the following information:

  • Interest rates for late payment penalties which may be required
  • Amount of the lump-sum allowance for collection costs if the amounts due are paid after the date indicated on the invoice

FYI  

If you fail to comply with the terms of the lump sum award, you are liable to a fine of €75,000 (natural person) or €2 000 000 (legal person).

3. Elements relating to the performance of services

You must indicate in your GTC all the information concerning the date of execution of the provision of services.

4. Elements concerning the legal guarantee of conformity and the legal guarantee of hidden defects

You must provide the following information:

  • Name of the professional which guarantees the goods
  • Contact Information postal and telephone services, the trader's e-mail address or any other means of communication enabling call for safeguards to be put in place
5. Elements concerning the customer's right of withdrawal

You must indicate in your GTC the possibility for the customer to retract after concluding the contract for the provision of services and in what way it may do so. You must also offer a standard form of withdrawal.

The withdrawal period is 14 days. It shall run from the conclusion of the contract for the provision of services.

If not specified, your customer will benefit from a longer lead time up to 12 months to cancel your order and get a refund. If you inform your customer during this period that there is a withdrawal period then, a delay of 14 days will start from the release of the information.

When you are informed of your customer's decision to withdraw, you have a period of 14 days to redeem of all sums paid.

However, certain benefits shall not be subject to the right of withdrawal and therefore cannot be refunded. This includes the following products:

  • Provision of accommodation services, transport of goods, car rental, catering or leisure activities provided on a specified date.
  • Provision of services fully performed before the end of the withdrawal period: the performance of the service must have begun after the consumer has given his prior express consent and expressly renounced his right of withdrawal

Provision of services within an establishment (e.g. shop)

1. Elements of the Regulation

You must specify the price list and any discounts. Where the price of the service or type of service cannot be determined accurately, you must provide the method of calculation.

You must also specify the conditions in which the customer will have to pay. For example, you can provide a payment method (check, credit card, etc.) or the possibility of paying in installments.

If you plan to make discounts, you must also indicate this in your payment terms.

2. Elements concerning late payments

You must provide the following information:

  • Interest rates for late payment penalties which may be required
  • Amount of the lump-sum allowance for collection costs if the amounts due are paid after the date indicated on the invoice

FYI  

If you fail to comply with the terms of the lump sum award, you are liable to a fine of €75,000 (natural person) or €2 000 000 (legal person).

3. Elements relating to the performance of services

You must indicate in your GTC all the information concerning the date of execution the provision of services.

4. Elements concerning the legal guarantee of conformity and the legal guarantee of hidden defects

You must provide the following information:

  • Name of the professional which guarantees the goods
  • Contact Information postal and telephone services, the trader's e-mail address or any other means of communication enabling call for safeguards to be put in place

You must communicate your terms and conditions of sale when your business customer makes the request for a professional activity.

General terms and conditions of sale may be indicated by any means on a durable support.

It can be a physical support (paper document) or digital medium (information on a website).

The general terms and conditions of sale are generally contained in the following documents:

  • Pre-contractual documents (advertising, etc.)
  • Contractual documents (purchase orders, contracts, etc.)
  • Other documents (signs, posters on sales sites, etc.)

When the general terms and conditions of sale shall not be communicated despite the customer's request, or some mandatory information is missing, you are subject to one of the following fines:

  • Individual business For a €15,000
  • For a business: €75,000

Private Customer

The General Terms and Conditions of Sale (GTC) contain a certain amount of information which must be given to the customer before signing a contract for the sale of goods or the provision of services.

Warning  

The GTCs should not be confused with the General Terms of Use (GTCs). The UGC is used to provide the rules of use of a service (e.g. a website).

The general conditions of sale are intended to give sales information to which they relate.

They constitute a trading floor between you and your client. You can agree on special conditions of sale in your commercial exchange.

These special conditions do not form part of the general conditions of sale subject to the obligation of information for all purchasers.

Sale of goods

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Distance sales of goods

When you sell goods remotely, you must include the following information in your GTC:

  • Essential features of the product sold
  • Price
  • Terms of payment, delivery, performance of the contract and handling of complaints
  • Date or time of delivery of the product sold
  • Your contact information
  • Ability to use a consumer ombudsman
  • Status and legal form on your company
  • Registration number in the trade and business register or in the national register of companies as a company in the craft trades sector
  • If your activity matches regulated professions, the name and address of the authority which granted you the authorization
  • If you have one, your intra-Community VAT number
  • If you are engaged in a regulated activity, your professional title, the European State in which you have had it, the name of the order or body with which you are registered
  • Applicable law and competent court
  • Financial guarantee or professional liability insurance. Contact details of your insurer and the geographical coverage of the contract or commitment
  • Existence and implementation of the commercial guarantee and after-sales service

A number of of mandatory information must be indicated in your general terms and conditions of sale.

1. Elements of the Regulation

You must specify the price list and any discounts. You must also specify the conditions under which the customer will have to pay. For example, you can provide a method of payment (check, credit card, etc.) or the possibility of paying in installments.

If you plan to make discounts, you must also indicate this in your payment terms.

2. Elements concerning late payments

You must provide the following information:

  • Interest rates for late payment penalties which may be required
  • Amount of the lump sum payment for collection costs if the amounts due are paid after the date indicated on the invoice

FYI  

If you fail to comply with the terms of the lump sum award, you are liable to a fine of €75,000 individual business (or) €2 000 000 (business)

3. Elements concerning conditions of sale

You must indicate in your GTC all the information concerning your conditions of sale. These are for example the conditions under which the product becomes the property of the customer (at the time of sending or receiving the product for example), delivery conditions, etc.

4. Elements concerning the legal guarantee of conformity and the legal guarantee of hidden defects

The legal guarantee of conformity is used to guarantee all manufacturing defects when purchasing or delivering a product.

The legal guarantee of hidden defects, on the other hand, serves to protect the purchaser who has purchased a product whose use is not the expected use or whose use is reduced because of a defect. Had the buyer been aware of this defect, he would have bought the product cheaply or would not have bought it.

You must provide the following information:

  • Name of the professional which guarantees the goods
  • Contact Information postal and telephone services, the trader's e-mail address or any other means of communication enabling call for safeguards to be put in place

Warning  

In case of sale of digital content, you must indicate in a specific box the arrangements for the implementation of those guarantees. The content of the box should be specifically adapted to the period over which the contract extends.

5. Elements concerning the right of withdrawal

You must indicate in your GTC the possibility for the customer to retract after having concluded the distance selling and how it can do so. You must also offer a standard form of withdrawal.

The withdrawal period is 14 days. He runs from the day after receipt for the sale of goods. If not specified, your customer will benefit from a longer lead time up to 12 months to cancel your order and get a refund. If you inform your customer during this period that there is a withdrawal period then, a delay of 14 days will start from the release of the information.

When you are notified of the customer's decision to withdraw, you have a period of 14 days to redeem of all sums paid.

The same rules apply to products sold.

However, some products shall not be subject to the right of withdrawal and therefore cannot be refunded. This includes the following products:

  • Personalized product: it has been made especially for the consumer (custom made for example)
  • Rapidly perishable product: food products, for example
  • Video cassettes, CDs, DVDs if unsealed by the consumer
  • Press: newspapers, periodicals or magazines

FYI  

When selling food products intended for humans or pets, you must include product composition information.

Sales of goods within an establishment (e.g. shop)

A number of of mandatory information must be indicated in your general terms and conditions of sale (GTC).

1. Elements of the Regulation

You must specify the price list and any discounts. Where the price of the service or type of service cannot be determined accurately, you must provide the method of calculation.

You must also specify the conditions in which the customer will have to pay. For example, you can provide a certain type of payment (check, credit card, etc.) or a multiple payment.

If you plan to make discounts, you must also indicate this in your payment terms.

2. Elements concerning late payments

You must provide the following information:

  • Interest rates for late payment penalties which may be required
  • Amount of the lump sum payment for collection costs if the amounts due are paid after the date indicated on the invoice

FYI  

If you fail to comply with the terms of the lump sum award, you are liable to a fine of €75,000 individual business (or) €2 000 000 (business)

3. Elements concerning conditions of sale

You must indicate in your GTC all the information concerning your conditions of sale. For example, the conditions under which the service is provided, the date of completion...

4. Elements concerning the legal guarantee of conformity and the legal guarantee of hidden defects

The legal guarantee of conformity is used to guarantee all manufacturing defects when purchasing or delivering a product.

The legal guarantee of hidden defects, on the other hand, serves to protect the purchaser who has purchased a product whose use is not the expected use or whose use is reduced because of a defect. Had the buyer been aware of this defect, he would have bought the product cheaply or would not have bought it.

You must provide the following information:

  • Name of the professional which guarantees the goods
  • Contact Information postal and telephone services, the trader's e-mail address or any other means of communication enabling call for safeguards to be put in place

Warning  

In case of sale of digital content, you must indicate in a specific box the arrangements for the implementation of those guarantees. The content of the box should be adapted to the period over which the contract extends.

Provision of services

Répondez aux questions successives et les réponses s’afficheront automatiquement

Remote service delivery

You must include the following information in your GTC:

  • Essential features of the product sold
  • Price
  • Terms of payment, delivery, performance of the contract and handling of complaints
  • Date or time of delivery of the product sold
  • Your contact information
  • Ability to use a consumer ombudsman
  • Status and legal form on your company
  • Registration number in the trade and business register or in the national register of companies as a company in the craft trades sector
  • If your activity matches regulated professions, the name and address of the authority which granted you the authorization
  • If you have one, your intra-Community VAT number
  • If you are engaged in a regulated activity, your professional title, the European State in which you have had it, the name of the order or body with which you are registered
  • Applicable law and competent court
  • Financial guarantee or professional liability insurance. Contact details of your insurer and the geographical coverage of the contract or commitment
  • Existence and implementation of the commercial guarantee and after-sales service

When you provide of digital services you must also provide information about the legal guarantee of conformity and the legal guarantee of hidden defects :

  • Name of the professional who guarantees the digital services
  • Postal and telephone details, the trader's e-mail address or any other means of communication for requesting the establishment of guarantees
  • In a specific box the arrangements for the implementation of those guarantees. The content of the box should be adapted to the period over which the contract extends
  • Software that requires an update (including security updates)
  • Duration of delivery of updates or the date on which it ends
  • Information on the consequences of updates on the performance of the property (battery, storage space, RAM)

You must indicate in your GTC the possibility for the customer to retract after concluding the contract for the provision of services and in what way it may do so. You must also offer a standard form of withdrawal.

The withdrawal period is 14 days. It shall run from the conclusion of the contract for the provision of services.

If not specified, your customer will benefit from a longer lead time up to 12 months to cancel your order and get a refund. If you inform your customer during this period that there is a withdrawal period then, a delay of 14 days will start from the release of the information.

When you are notified of the customer's decision to withdraw, you have a period of 14 days to redeem of all sums paid.

However, certain benefits shall not be subject to the right of withdrawal and therefore cannot be refunded. This includes the following products:

  • Provision of accommodation services, transport of goods, car rental, catering or leisure activities provided on a specified date.
  • Provision of services fully performed before the end of the withdrawal period: the performance of the service must have begun after the consumer has given his prior express consent and expressly renounced his right of withdrawal

FYI  

In addition to the mandatory information, you are then free to add other information which are not mandatory.

Services concluded within an establishment (e.g. shop)

You must specify the following information in your GTC:

  • Essential features of the service sold
  • Price
  • Date or time of delivery of the service sold
  • Your contact information
  • Ability to use a consumer ombudsman
  • Status and legal form on your company
  • Registration number in the trade and business register or in the national register of companies as a company in the craft trades sector
  • If your activity matches regulated professions, the name and address of the authority which granted you the authorization
  • If you have one, your intra-Community VAT number
  • If you are engaged in a regulated activity, your professional title, the European State in which you have had it, the name of the order or body with which you are registered
  • Applicable law and competent court
  • Financial guarantee or professional liability insurance. Contact details of your insurer and the geographical coverage of the contract or commitment

When you provide of digital services you must specify in addition information on the legal guarantee of conformity and the legal guarantee of hidden defects :

  • Name of the professional who guarantees the digital services
  • Postal and telephone details, the trader's e-mail address or any other means of communication for requesting the establishment of guarantees
  • In a specific box the arrangements for the implementation of those guarantees. The content of the box should be adapted to the period over which the contract extends
  • Software that requires an update (including security updates)
  • Duration of delivery of updates or the date on which it ends
  • Information on the consequences of updates on the performance of the property (battery, storage space, RAM)

FYI  

In addition to the mandatory information, you are then free to add other information which are not mandatory.

You are obliged to communicate your general terms and conditions of sale before the conclusion of the contract when your customer is an individual. It's part of your pre-contractual obligation to inform.

General conditions of sale must be indicated by any means on a durable support.

It can be a physical support (paper document) or digital medium (on a website).

They are typically found in the following documents:

  • Contractual documents (purchase orders, contracts, etc.)
  • Pre-contractual documents (e.g. advertising)
  • Other documents: signs, posters on sales sites, etc.

When the general terms and conditions of sale shall not be communicated despite the customer's request, or some mandatory information is missing, you are subject to one of the following fines:

  • Individual business For a €15,000
  • For a business: €75,000

Who can help me?

Find who can answer your questions in your region

  • Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)

    Tasks: compliance with competition rules, economic protection of consumers, safety and compliance of products and services

    By telephone

     3939

    Cost: free service + call price (learn more)

    Monday and Thursday: 8.30am to 6.15pm

    Tuesday and Wednesday: 8:30 am to 1 pm

    Friday: 1pm to 5pm

    From overseas and the foreigner: +33 (0) 1 73 60 39 39 (only from a landline, cost of a call + variable call cost depending on the country and operator)

    By E-mail

    Access to contact form