Everything you need to know about e-commerce T&Cs

Last modified July 18, 2021

In an ultra-connected world where online presence has become essential for all commercial businesses. E-commerce sites are gaining ground and the B2C relationship is becoming increasingly close and virtual.

The General Conditions of Online Sale govern the Supplier and consumer relationship in a legal manner. They contain the clauses to be respected by the two parties concerned. More precisely, they include the legal conditions of sale of goods or services provided by a company for its customers. As well as several other information relating to the conduct to be adopted or avoided by the seller.

What are the mandatory information for an e-commerce site? What are the best sites to create your T&Cs and How to write them? What should you avoid? Our article takes stock of all the questions you have.

General conditions of sale: What obligations for an e-commerce site?

In the context of a professional activity, the T&Cs are there above all to inform. They have been written to protect both the consumer and the supplier. In the event of a dispute, they delimit the liability of each party.

Obligations for a Online Store depend on the nature of its customers: Professional or individual.

Mandatory information in a CGV for a B to C relationship

The offers proposed as well as their respective prices must be communicated: prices including tax, prices excluding tax, delivery costs. The seller is also required to provide pre-contractual information for an online sale. This document must contain the following information:

• The steps to follow to establish the online sales contract and how to access it
• Company address and contact details
• The characteristics of the products sold or services provided by the company
• The delivery date and times which must not exceed 30 days
• Other applicable fees or costs
• Information regarding the right to retract of the customer as well as its terms of application. The withdrawal period is 14 days
• Current payment terms
• Information regarding after-sales services if the company offers it

Mandatory information in a T&C for a B to B relationship

Online sales between professionals take up certain obligations of the B to C online sales. You should know that a company is not obliged to indicate the conditions of sale. He must only do so if the customer requests it. However, it is strongly recommended to communicate them. Governed by the commercial code, the company must inform its customer about:

• Pre-contractual information
• The steps to follow to establish the online sales contract
• The characteristics of the products or services it offers as well as its conditions of sale
• The prices applied to its products or services
• Discounts
• Payment terms which generally must not exceed 45 days

The prospect is, however, required to accept all the general conditions of sale made available to him before placing an order. This can be done by a signature, a checkbox on your website. The customer agrees and can place an order.

5 sites to create your General Conditions of Sale online

The general conditions of sale must correspond to the activity of the company. Therefore, they cannot be duplicated, as they may vary from one business to another. Several solutions are available to Micro-entrepreneurs to establish the texts which govern its sales. They can seek help from an agency, use a lawyer or have them written online on specialized sites.

Discover the reference sites on the subject. They offer e-commerce general conditions of sale models, personalized advice, you can also delegate the task to them.

1. Captain contract

If you are looking for a responsive and attentive professional, you have come to the right place. Rated 5 stars by the majority of its customers, it offers very comprehensive support. The minimum price is 400 euros. Easily get a free quote online.

2. Shopify T&C generator

Shopify is a e-commerce platform which allows you to create your site with a 14-day trial period. In addition, it offers free general conditions of sale templates to its users. Find the right one for your online store in just a few clicks. For more specific requests, they also offer their services at reasonable prices.

3. Legalife

Legalife provides you with professional online software, your documents are thus drawn up automatically according to your activity. It offers texts adapted to your business entirely written by experienced lawyers.

4. Kinic Business T&C generator

Kinic Business is a digital communications and marketing agency. Among the many communications and marketing solutions. It can also offer examples of general conditions of sale according to your needs, as well as online training who accompany them.

5. Wizishop

Wizishop is a French company which offers the possibility to entrepreneurs to create an e-commerce site by subscription.

Indeed, the drafting of the general conditions of sale is included in the subscription.

It allows you to pay around 27 euros per month or 330 euros per year. Perfect for those who have just started their activities, it has an interface that is very easy to use for beginners and a 14-day trial is offered.

Our advice for properly writing your General Conditions of Sale

E-commerce site owner, discover the right actions to adopt and those to avoid thanks to our advice.

Avoid unfair clauses in the T&Cs

There are what we call black clauses and gray clauses. The black clauses are the provisions of the General Conditions of Sale which infringe the rights of consumers. Gray clauses are not all considered abusive, but they nevertheless tend to benefit the seller.

Some examples of unfair clauses: texts which exempt the seller from delivery, texts which advocate the inability to request compensation from the supplier or even a term which authorizes the merchant to keep the sum paid by the customer even if the sale does not was not done…

Avoid sending your T&Cs by mail, invoices, etc.

Sending your T&Cs by mail is prohibited because you have no guarantee that the customer has read your conditions of sale. This could pose a problem in the event of a dispute. They should not be included on invoices either, because they are established after the order. They will therefore no longer have any legal value.

Bring contractual value to your T&Cs

Writing your terms of sale is one thing and having them accepted is another. For the deal to be concluded, it is imperative that your buyer validates your T&Cs. Add the words “I declare that I have read and accepted the terms and general conditions of sale” to each new transaction as part of your online activity. This will bring contractual value and therefore an obligation on both sides.

Hire a professional

The best advice we can give is certainly to delegate this delicate task to a professional.
Of course, T&C models are available online, but it is always difficult to find the one that best suits your business. In addition, identifying unfair clauses is a professional matter. Many sites offer all-inclusive services, from the creation of the website to the drafting of the T&Cs…

To conclude, the drafting of the T&Cs is a crucial step in creating a website intended for online sales. A true marker of the relationship between the applicant and the provider of offers, it is clear that the development of this document is not easy.

Much more than an informative text, they guarantee the proper execution of each of your transactions. Remember, a relationship of trust is built on the good faith of both parties. By writing your General Terms and Conditions according to current legislation, without any unfair clauses, you undertake to respect the rights of your customers. What’s more rewarding than a satisfied customer who recommends you.

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