As a business owner, you know how important general terms and conditions are. They are the legal basis that protects your company in business dealings. Yet they can also feel like a stumbling block: long-winded negotiations or complex contracts can slow down your business processes. And honestly, how often do you as an entrepreneur take the time to read through the general terms and conditions of your business partners in full?
At Titeca, we understand this balance. That's why we not only want to alert you to the importance of general terms and conditions, but also provide some practical tips for dealing with them pragmatically in B2B situations. That way, you stay protected while maintaining the necessary clout in your business.
Sharing general terms and conditions is mandatory
Simply having general terms and conditions is insufficient. Make sure they are always included with offers, contracts and emails. Ideally, introduce them at the first interviews and have them signed.
According to recent case law, in some cases a mention on your website or in your e-mail signature may suffice. But be careful: without any mention, your terms and conditions are not valid anyway. Consistency and clarity are essential here.
Avoid abusive clauses
The law has established strict rules for general terms and conditions. Some prohibited clauses are:
- Limiting the other party's rights to take legal action.
- Having the contracting party automatically recognize your terms and conditions.
- Tacitly renewing contracts without reasonable notice.
- Transferring economic risk entirely to the contracting party without consideration.
General terms and conditions that don't comply with the law can hurt you more than you think.
Sector-specific conditions: no one-size-fits-all
Taking standard terms off the Internet? An absolute no go. Each industry has specific rules, risks and dynamics. Terms and conditions should be tailored to the specific interests of your business. The right terms and conditions protect your business; the wrong ones can actually be detrimental.
The knockout rule: what if both parties have terms?
When both parties work with general terms and conditions, overlap or even conflict often arises. The new Book 5 of the Civil Code offers a solution here: conflicting provisions in the terms and conditions are neutralized and only the common agreements apply. The result? A clear contract in which the interests of both parties are protected. When concluding the contract, you as an entrepreneur will have to take into account that your general terms and conditions in the contract cannot simply be imposed.
Conclusion
Terms and conditions are a must, but only if they were tailored to your business and operations.
At Titeca we ensure that your general terms and conditions not only comply with the law, but are also practically applicable in your sector. Don't take unnecessary risks: let us optimize your terms and conditions so that you are legally strong and can do business efficiently.
Do not hesitate to contact us here contact us with questions.
Unsure of the right approach for your business? Then make an appointment here with our pro experts!
