General Terms and Conditions (GTC)

Verified 14 November 2025 - Entreprendre Public Service / Legal and Administrative Information Directorate (Prime Minister)

The General Terms and Conditions of Sale (GTC) allowinform the customer about the conditions of sale of a product or service. They provide a legal and commercial framework for the relationship between the seller and its customers, whether professional or private, with certain differences depending on the nature of the customer.

The general terms and conditions of sale (GTC) are a document that informs the customer of the terms and conditions of sale of a product or service.

Concretely, the TERMS AND CONDITIONS: titleContent are in the form of a set of clauses written by the seller, the purpose of which is to set the contractual framework for the sales made (payment terms, delivery times, guarantees, return conditions, etc.).

The GTC therefore govern the commercial and legal relationship between the seller and the customer, which protects each of the parties to the contract. sales contract.

Please note

In the event of a dispute, the GTC constitute the legal framework of reference allowing the company to assert its rights.

The GTCs can also constitute a basis for negotiation: certain clauses can be adapted or modified to respond to a specific situation. They then become special conditions of sale applicable to a specific customer.

The General Terms and Conditions of Sale (GTC) should not be confused with the General Terms and Conditions of Use (GTC). The UGC: titleContent are used to regulate the use of a service (including a website), while TERMS AND CONDITIONS: titleContent serve to frame commercial relations.

France Num specifies how to write the GCU for its website:

Write Terms of Use for your website

France Num

Pour en savoir plus

The obligation to provide GTCs depends on the nature of the customer:

The client is a professional

When the client is a professional, the GTC must be communicated only when he requests it.

Please note

A company is not obliged to communicate its GTC to a competitor who requests it, unless it can demonstrate that it wishes to place an order for products or services.

The customer is an individual

Where the customer is an individual, the seller shallobligation to provide the GTC before the conclusion of the contract: it is a pre-contractual obligation to provide information.

The content of the general conditions of sale depends on the nature of the customer (professional or individual).

Warning  

A professional customer can be considered a consumer if he meets the 3 conditions: company of 5 employees maximum, the sale or provision of services does not fall within the scope of his main activity and it is concluded remotely or off-premises (fairs, fairs, etc.). In this case, these are the mandatory particulars applicable to individual customers which are necessary.

It is therefore important to provide for different terms and conditions or, failing that, to clearly identify the categories of customers in order to apply the obligations adapted to each.

The client is a professional

The T&Cs are not mandatory between professionals. On the other hand, if they exist and if a professional client so requests, the company is obliged to communicate them.

1. Mandatory particulars

The GTC must then must include the following information :

  • Conditions of sale of the property (all information regarding the modalities of transfer of ownership of the goods, the delivery conditions in the event of distance selling or the various guarantees) and/or performance of the service provision (all information regarding the date of performance of the service).
  • Elements of price determination : scale of unit prices and possible price reductions (discounts, discounts, discounts, etc.): prices can be indicated HT: titleContent or TTC: titleContent. In practice, it is preferable to indicate a scale including prices excluding VAT, in order to be consistent with the rules of billing which require the indication of a unit price excluding VAT. Regarding the duration of validity of the prize, it can be freely fixed.
  • Payment Terms (conditions under which the customer must pay):
    • Payment terms : it is not mandatory to indicate the payment period. However, in the absence of any information concerning payment periods, the price must be paid on the 30the day following the date of receipt of the goods or performance of the service. These deadlines can be set freely by the parties, but the indicated deadline must respect the legal ceilings either 60 days maximum from the date of invoice issue, or 45 days end of month if this period is expressly agreed between the parties and does not unduly disadvantage the seller. In the case of an invoice periodicalHowever, the payment period may not exceed 45 days from the date of issue of the invoice.
    • Late payments : the terms of application and the interest on penalties due in the event of late payment must be included in the GTC. The amount of the lump sum compensation for recovery costs (€40) obligatorily due as soon as the payment occurs after the date indicated on the invoice.
    • The conditions ofdiscount must be included in the settlement conditions if proposed.
2. Optional terms

It is then possible tofreely add other non-mandatory information :

  • Elements concerning the payment method: it is possible to provide a certain payment method (check, credit card, etc.) or the possibility of paying in several installments
  • More or less extensive commercial guarantee: right of return, exchange or refund (“satisfied or refunded”)
  • Confidentiality clause, loyalty clause, etc.
  • Clause relating to protection of personal data
  • Termination clause
  • Clause relating to transport in the event of delivery of goods
  • Clause of force majeure
  • Exclusion clause (e.g. exclusion clause from legal guarantee of hidden defects only if the client in question is a professional in the same field of expertise as the company)
  • Etc.
The customer is an individual

The GTC are mandatory in the context of a relationship between a professional and an individual. The mandatory information differs according to whether it is a sale of goods or a supply of services concluded within an establishment (for example in a shop) or at a distance (for example on the internet).

Sales of goods or services concluded within an establishment

In the context of a sale of goods and/or the provision of services to a particular customer (consumer), certain information must be included in the GTC, in order to inform and protect the individual customer.

The following information must be given before the conclusion of the contract for the sale or provision of services :

  • Essential characteristics of the good or service sold
  • Price of the good or service, terms of payment, delivery and contract performance
  • Date or time limit of delivery of the goods or services sold, conditions of termination of the contract if applicable and the question of late payment
  • Information about the trader (name or company name, company address, postal, telephone and electronic contact details)
  • Information on data protection, intellectual property and other applicable clauses
  • Information related to legal warranties (including legal guarantee of conformity and the legal guarantee of hidden defects, any commercial guarantees and the existence and manner in which the after-sales service is provided.
  • Possibility of using a mediator of consumption

In the case of a contract for the supply of services, additional information must appear in the GTC:

  • Legal form of the company
  • Contact details to get in touch quickly and communicate directly with the professional
  • For companies in the trades and crafts sector: registration number at RCS: titleContent or at RNE: titleContent
  • If the activity is subject to an authorization scheme: name and address of the authorizing authority
  • In the event of the VAT : Intra-Community VAT number
  • If the company exercises a regulated profession : professional title, Member State ofEuropean Union in which it was granted and the name of the professional body or college with which it is registered
  • Applicable law and competent court
  • Financial guarantee or professional liability insurance taken out by the professional, contact details of the insurer or guarantor as well as the geographical coverage of the contract or commitment

Please note

All this information must be communicated or made available to the consumer before the conclusion of the contract for the provision of services, and where there is no written contract, before the performance of the services.

Distance sales of goods or services

In the context of a sale of goods and/or the supply of services concluded at a distance with a particular customer (consumer), certain information must be included in the GTC, in order to inform and protect the individual customer.

The following information must be given before the conclusion of the contract for the sale or provision of services :

  • Essential characteristics of the good or service sold
  • Price of the good or service
  • Date or time of delivery of the goods or services sold
  • Information about the trader
  • Information related to legal warranties (including legal guarantee of conformity and the legal guarantee of hidden defects as well as any commercial guarantees)
  • Possibility of using a mediator of consumption
  • Existence of a right of withdrawal of 14 days and its exercise and standard withdrawal form
  • The fact that the consumer bears the costs of returning the goods in case of withdrawal
  • Terms of termination of the contract
  • Terms of delivery of goods and/or performance of services
  • Dispute resolution methods (including the law and the competent court)
  • Cost of a remote telephone call, existence of codes of conduct
  • Insurance and financial guarantees

Please note

It is then possible tofreely add other non-mandatory information (confidentiality clause, loyalty clause, etc.).

Certain clauses are considered unfair and therefore automatically prohibited. They create a significant imbalance between the professional and the client.

Unfair terms

1) Clauses that limit the information or commitments of the trader

These clauses prevent the customer from clearly knowing what he is committing to, or reduce the obligations of the trader:

  • Clauses not communicated : they incorporate conditions that the customer could not read before signing (for example in a separate document not communicated)
  • Clauses that negate the promises of representatives : they relieve the trader of commitments made by its employees or business partners (for example, indicate “ the information given by our sales representatives has no contractual value »

2) Clauses that give full powers to the professional

These clauses allow the trader to modify, interpret or terminate the contract without compensation for the customer:

  • Unilateral modification of the contract : the customer can change the price, duration or characteristics of the product or service alone (for example, indicate “ the rate may be changed at any time without notice »)
  • One-way interpretation : the trader alone decides whether the service is in conformity or interprets the terms of the contract (for example, indicate “lThe seller is the sole judge of the conformity of the product »)
  • Termination at the discretion of the professional : the trader may terminate the contract freely, without offering the same possibility to the customer (for example, indicate “ a provider can cancel a subscription without a reason, while the customer cannot »)
  • Retention of monies paid : the trader keeps the payments already made if he terminates the contract (for example, the service provider keeps the deposit even if he cancels the order himself)

3) Clauses that unbalance the obligations between the parties

These clauses impose constraints on the client without the trader having the same obligations:

  • Mandatory execution for the customer : the customer must perform the contract even if the trader does not fulfill his commitments (for example, the customer must pay in full while the service is incomplete)
  • Removal of the right to compensation : the trader disclaims any responsibility in the event of a problem (for example, indicate “ under no circumstances can the seller be held liable for any damage caused by the product »)
  • Inability to terminate in case of non-compliance : the customer cannot break the contract even if the trader does not comply with his obligations (for example, impossibility to cancel a contract despite a non-compliant delivery)

4) Clauses that make termination unfavorable to the customer

These clauses create an imbalance when one of the parties wishes to terminate the contract:

  • Longer notice for the customer in open-ended contracts : the client must respect a longer period than the professional (for example, 3 months' notice for the client, only one for the provider)
  • Termination indemnity only at the expense of the customer : the customer must pay a sum to terminate, without reciprocity on the side of the trader (e.g. “termination fee” charged only to the customer)

5) Clauses that reverse the burden of proof

These clauses make it difficult for the customer to assert his rights (for example, he must prove that the product is defective, instead of the seller demonstrating its compliance)

Other clauses are not strictly prohibited, but the trader who uses them must prove that they are not abusive in the context of its relations with its customers.

Clauses presumed to be unfair

1) Clauses that create a one-way commitment

These clauses are strongly binding on the client, while the trader retains a significant margin of maneuver:

  • Firm client commitment and uncertain professional performance : the customer commits himself definitively while the realization of the service depends on the sole will of the professional (for example, the professional allows a delivery “ if conditions permit ”, without warranty of time)
  • Retention of monies paid without reciprocity : the trader keeps the amounts paid if the customer renounces the contract, without providing for equivalent compensation if it is the trader who withdraws (for example the seller keeps a deposit if the customer cancels, but the customer receives nothing if the seller cancels)

2) Clauses requiring penalties excessive or disproportionate

They impose severe penalties on the customer that are not justified by the situation (for example, the contract provides for very high penalties if the customer does not fulfill his obligations).

3) Clauses giving excessive freedom to the trader

These clauses allow the trader to modify, transfer or terminate the contract under unbalanced conditions:

  • Termination without reasonable notice : the trader can terminate the contract without respecting a sufficient period for the customer (for example, a subscription cut off overnight without notice)
  • Assignment of the contract without the customer's consent : the trader may transfer the contract to another provider without the customer's consent, even if this diminishes his rights (for example, a service provider transfers a subscription to another business without requesting the customer's consent)
  • Unilateral modification of the contract : the trader reserves the right to modify certain clauses of the contract alone (for example, the seller may modify the warranty conditions at any time)

4) Clauses that weaken the client's warranties or remedies

These clauses make it difficult for the customer to assert his rights:

  • Execution date only indicative : the contract only sets an approximate date for the performance, unless expressly permitted by law (for example, state that " delivery is expected later this month, without specific commitment »
  • Termination more difficult for the customer : the contract provides for stricter conditions of termination for the customer than for the professional (for example, the customer must send a registered letter while the professional can terminate by simple e-mail)
  • Limitation of the customer's means of proof : the contract restricts the evidence that the customer may use to defend his rights (for example, state that " only written communications are accepted, telephone exchanges are excluded »
  • Restriction of legal actions or remedies : the contract prevents the client from taking legal action or obliges him to go through a method of dispute resolution not provided for by law (for example, a clause that requires recourse only to private arbitration instead of the competent court)

The general terms and conditions of sale may be indicated by any means on one durable support, i.e. one physical media (paper document) or a digital medium (e.g. e-mail containing all contractual information).

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

  • Pre-contractual documents (advertising, etc.)
  • Contractual documents (purchase orders, contracts, etc.)
  • Other documents (signs, posters placed at the point of sale, etc.)

FYI  

In the context of the sale of a product or a service with an individual, the latter must have access to the GTC. It's a pre-contractual information.

The GTC are generally published on the company's website. The link giving access to it must be visible and easily accessible on the entire website, most often in the footer.

Failure to comply with the obligation to communicate its GTC, whether by lack of communication or incomplete communication, may be the subject of a injunction of the DGCCRF: titleContent and an administrative fine, the amount of which may be up to:

Please note

In the absence of TERMS AND CONDITIONS: titleContent or if they are irregular (for example if they do not contain all the mandatory information or contain illegal clauses), the seller loses the benefit of its main contractual protections: it cannot invoke payment terms, limitation of liability clauses (which aim to reduce the seller's liability in the event of a problem) or the retention of title clause.

Who can help me?

Find who can answer your questions in your region

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

    If you wish to report a difficulty encountered with a merchant

    On the internet

    You can use the site Conso signal.

    The DGCCRF and the merchant concerned will be informed of your approach.

    By phone

    0809,540,550

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    Opening hours:

    • Monday and Tuesday: from 8.30am to 12.30pm and from 1.15pm to 5.15pm
    • Wednesday: from 1:15 pm to 5:15 pm
    • Thursday: from 8:30 to 12:30
    • Friday: from 8:30 am to 4 pm

    By mail

    DGCCRF - ReplyConso - BP 60 - 34935 Montpellier Cedex 9

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