There are already lots of branches of economy which cannot be imagined anymore without the general terms and conditions of business (GTC). They make the activities of an entrepreneur easier, since the same types of business relationships shall be entered into always with the same types of contractual terms and conditions. If you wish the general terms and conditions to be valid, they must be stipulated at any rate legally effectively. This will not be achieved in itself by the entrepreneur’s being in possession of general terms and conditions, he or she must expressly make reference to them prior to the conclusion of contract and he or she shall make accessible the GTC for the contracting partner. This latter act can be done via enclosing them with the purchase offer just as well as via referral to the GTC which can be queried online.
If the general terms and conditions of business have been effectively stipulated, they shall be subjected to the audit for validity and contents. In the course thereof clauses of unusual contents shall be considered ineffective, which are unfavourable for the contracting partner and which he or she was not compelled to reckon with according to the circumstances, first of all according to the external picture of appearance of the instrument. Otherwise, the legally permissible nature and the violation of moral principles draw the borderlines of the possible constituents of the general terms and conditions.
There are further peculiarities in case of businesses with consumers enjoying increased protection. Since the entry into force of VRUG (Consumer Rights Directive Implementation Act) particularly the consumer’s rights of withdrawal have been enlarged and the entrepreneur’s obligations of information have been accentuated.
Further regulations exist finally for e-commerce (e.g. webshop), as well as for the distance marketing, when already the conclusion of transaction is made totally via a facility of telecommunications (internet, telephone, e-mail, catalogue etc.) or at a place which is not the place of business of the entrepreneur (outward business). Here the rules of the FAGG (Distance and Outward Business Act) are to be observed.
The Esztegar Law Office offers checking of the general terms and conditions and revises your existing GTCs regarding compliance and weaknesses or you will receive the framing of new general terms and conditions of business adjusted to your business model.