Terms and conditions are an essential part of business transactions. They provide clarity regarding the rights and obligations of both parties and can mitigate legal risks. But are you, as a business owner, allowed to require your customers to accept your terms and conditions? This article explains what is and isn't permitted and how to handle this correctly from a legal perspective.
What are Terms and Conditions?
General terms and conditions are the standard rules you, as a company, use when entering into agreements. They can include provisions regarding, for example, payments, deliveries, liability, and warranties. While not mandatory, they offer protection in the event of disputes.
Can You Make General Terms and Conditions Mandatory?
In principle, as an entrepreneur you can use your general terms and conditions, but there are rules you must adhere to:
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Clear and Timely Delivery
General terms and conditions are only binding if the customer has had access to them before or during the conclusion of the agreement. This means you must provide them in a timely manner, for example, by posting them on your website or including them with a quote. -
Acceptance of the Terms
You can ask your customers to explicitly accept the terms and conditions, for example, by having them check a box when ordering online or by signing a quote. In many cases, tacit acceptance is insufficient. -
Reasonableness and Fairness
General terms and conditions may not contain unreasonable or illegal provisions. Consumer contracts have particularly strict rules, and the court can overturn unreasonable provisions.
When Are Terms and Conditions Invalid?
Even if a customer accepts your terms and conditions, they may be invalidated if:
- The customer did not have the opportunity to read them beforehand;
- They contain unfair or unreasonable terms;
- They conflict with mandatory law, such as consumer protection or privacy legislation.
How do you ensure valid terms and conditions?
To prevent your terms and conditions from being declared invalid, it is wise to:
- To present them in a clear and accessible manner;
- Have them legally checked by a specialist;
- To have them explicitly accepted by your customers;
- Review and update them regularly.
Conclusion
While you, as a business owner, can use your terms and conditions and have them accepted by customers, they must be legally sound and reasonable. By providing them promptly and explicitly accepting them, you prevent disputes and ensure their legal validity.
Do you have questions about your terms and conditions? Please contact a legal expert or legal aid clinic for advice.
