Good general terms and conditions are a must for every business!
Drafting general terms and conditions: it is not compulsory, but it can save you as an entrepreneur from a lot of business problems. If you do it right, at least. Moreover, you significantly reduce your negotiation time with any (potential) customer, as you can simply refer to the general terms and conditions in the first instance.
But what exactly should you pay attention to when drafting the ‘small print’? We go over the main points below in this Wanted Fact.
1. Make them known in good time
It is important to make your general terms and conditions known to the other party in good time. That is: before you actually conclude an agreement with him or her. Preferably send them to the customer together with the offer (or the contract) and also state them - clearly - on your website.
How exactly you provide them (front, back, attachment, on a separate web page,...) does not matter, as long as it is clear to your customer that the general terms and conditions apply to the intended agreement.
2. Have acknowledgement confirmed
Playing it safe? Refer explicitly to your general terms and conditions and have your customer sign for agreement. Do you sell online? Have your customers tick ‘for agreement’ before they can place their order. This is especially important in a B2C context.
Business owners are expected to tacitly accept your terms and conditions, but here too you can avoid difficulties by being as transparent and clear as possible.
3. What?
Speak plain language in your terms and conditions. They should be clear, unambiguous and in a language that customers can understand. Draft them in the language of the area where you offer your services.
4. What should they contain?
As general terms and conditions are not mandatory, there is no legal list of what they must contain. The law only provides a list of what certainly may not be included in general terms and conditions, the so-called black list (art. VI.83 Economic Law Code).
The specific content depends, among other things, on the sector you operate in, the services or products you offer and which sales channels you use. A webshop with IT products will maintain different conditions than a beverage wholesaler.
In any case, consider:
- clauses that limit your liability;
- clauses that protect you against defaulters (interest, damages, retention of title, etc.);
- provisions concerning notice periods;
- indication of competent courts.
5. Tailored to your business
Think you can simply copy a competitor's general terms and conditions? Then think twice. The content of your general terms and conditions should be tailored to the specific characteristics and needs of your company. After all, there is a good chance that someone else's terms and conditions contain provisions that do not apply to your company at all, while other (necessary) provisions may be missing or incomplete. Moreover, you cannot simply assume that your competitor's terms and conditions comply with all (recent) legal provisions. Do you want to be able to sleep on both ears? Then have your general terms and conditions reviewed regularly by an expert.
Contact us!
Could you use a helping hand in drafting your general terms and conditions? Or would you like to have a check whether your current terms and conditions are still in line with the latest legislation? Contact us!