Online seller: How to draft your general terms and conditions of sale?

€75,000. This number represents the maximum amount of penalties you risk if your general terms and conditions of sale are not compliant. In some cases, the penalty can go as far as canceling a contract, i.e. a sale. General terms and conditions of sale are the legal cornerstone of your online business. They define your contractual commitments, provide a framework for your exchanges with your customers, and guarantee a clear and transparent framework for every transaction.

Properly drafting your general terms and conditions of sale doesn’t just mean complying with the law. It also means protecting your e-commerce business, reassuring your customers and limiting customer complaints. Clear e-commerce terms and conditions build trust, facilitate day-to-day management and improve your brand image. They are therefore essential.

Let’s take a look at the key principles for drafting comprehensive GTCs that comply with consumer law requirements

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What are general terms and conditions of sale?

E-commerce general terms and conditions of sale are a contractual document that defines the rights and obligations of the seller and the buyer. They specify the rules governing online sales conditions: price, ordering process, delivery, guarantees, liability, data processing, dispute resolution and contract validity (for example, when the sale is not considered final until the order confirmation has been sent to the customer).

All professional sellers must compile this information in an accessible document. For private customers, the terms and conditions must be communicated prior to purchase. Article L.111-1 of the French Consumer Code and the Hamon law require full pre-contractual information and clear acceptance of these rules by the buyer.

In the case of professional customers, it is compulsory to have General Terms and Conditions of Sale, but they are not automatically provided. They must be provided as soon as a professional requests them. In practice, it is preferable to provide them systematically, to guarantee clear information and avoid any commercial ambiguity.

The risks associated with non-compliant or absent GTCs are considerable. They include

  • Administrative penalties: €3,000 for an individual, €15,000 for a legal entity, according to the French Commercial Code (Art. L. 441-1, L. 441-6).
  • Civil penalties for unfair terms: €15,000 for an individual, €300,000 for a legal entity (Art. L. 241-1 of the Consumer Code).
  • Legal risks:
    • Cancelation of the contract or of certain contractual clauses.
    • Litigation, forced reimbursements and damage to your brand’s reputation.
    • Difficulty asserting your rights in the event of problems (abusive returns, unpaid bills).

Please note: your terms and conditions may vary depending on your sales channels (website, marketplace or other channels). In all cases, they define the structure of the commercial relationship and complement your general conditions of use.

Why is it important to draft your e-commerce terms and conditions properly?

The drafting of your general terms and conditions of sale is directly linked to the compliance of your business with e-commerce legislation, the respect of consumer rights and the framing of the obligations of each party.

Firstly, clear terms and conditions limit the risk of e-commerce disputes. By precisely defining ordering procedures, lead times, warranties and returns, you reduce uncertainty and disputes. Your terms and conditions are your first line of defense in the event of a disagreement with a customer.

They also protect your business by defining delivery conditions, refund terms, the extent of your liability as a seller, the limits of applicable warranties and the handling of exceptional situations, such as force majeure or improper use of the product.

They also reinforce the trust your customers place in your store. Transparent terms and conditions clearly show how you operate, what the buyer can expect from you, and under what conditions the sale takes place. This transparency creates a climate of security and reassurance that encourages your customers to return, which is an essential element of customer loyalty.

Finally, clear terms and conditions simplify your day-to-day organization. They facilitate the management of orders, returns and after-sales service.

Good to know: it’s advisable to consult a specialist lawyer to check the legal conformity of your general terms and conditions of sale, adapt them to your business and avoid any drafting errors. A simple CGV template or a CGV example found online is rarely sufficient. The law evolves rapidly, and professional assistance protects you from drafting errors and the associated financial consequences

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Mandatory legal information in your general terms and conditions of sale

General terms and conditions of sale must include a set of essential clauses laid out by French and European legislation. These provisions apply only to sales to private customers (B2C), and guarantee a transparent, compliant and protective framework for the consumer.

Seller identification and pre-contractual information

The aim of this section is to enable the consumer to clearly identify your company and to have all the necessary information before concluding the contract.

It must include the following information:

  • Company name;
  • Legal form
  • Registered office address;
  • Company registration number, share capital, intra-Community VAT number;
  • Full contact details;
  • Site host;
  • Pre-contractual information.

Characteristics of the good or service sold

The purpose of this section of the general terms and conditions is to guarantee the consumer accurate, true and complete information on the products and/or services offered.

It must include the essential elements describing your offer:

  • Product description (size, color, material, compatibility);
  • Product features;
  • Photos and conforming information;
  • References to detailed product sheets if necessary.

Order and payment information

The aim here is to clarify each stage of the ordering process for the consumer, as well as the financial conditions governing the sale.

This section should detail the following points:

  • Ordering stages ;
  • Validation conditions;
  • Prices including VAT and ancillary costs;
  • Pricing policy;
  • Accepted payment methods;
  • Payment security;
  • Conditions in case of payment default for private and professional customers.

Warranties, liability and claims

This section is designed to inform your customer of the legal warranties available to him, and to specify your liability framework. It should include the following information:

  • Legal warranty of conformity ;
  • Warranty against hidden defects;
  • Any commercial warranty;
  • The seller’s liability within the legal framework;
  • Conditions of the right of withdrawal.

Data protection and intellectual property

This section of the T&Cs informs consumers about how their personal data is collected, used and protected, while also reminding them of the rules governing the intellectual property of the site and its content. This section should include:

  • The data collected and its purposes;
  • How long it is kept;
  • Users’ rights;
  • Cookie policy;
  • Content protection: texts, images, logos, trademarks.

Applicable law, dispute resolution and competent court

Finally, this section defines the applicable framework in the event of disagreement between you and the consumer, and specifies the possible remedies.

Your general terms and conditions must include the following information:

  • Applicable law: specify the law governing the contract, usually French law for sales made in France.
  • The possibility of recourse to consumer mediation: indicate that the consumer may refer the matter to an accredited mediator in the event of a dispute that has not been amicably resolved, and provide the mediator’s full contact details.
  • Online dispute resolution platform: mention the existence of the European platform for resolving online disputes between consumers and professionals established in the EU.
  • Competent courts: specify which courts may be seized as a last resort, noting that the consumer may bring an action before the court of his domicile or the place of delivery of the product.
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Distributing and updating your general terms and conditions of sale: best practices

It’s not enough to write comprehensive general terms and conditions of sale: they also need to be properly distributed and regularly updated. Here are the best practices to follow in order to guarantee reliable and compliant terms and conditions over the long term.

Accessibility and acceptance :

  • Make the GTC visible on all key pages of the site, particularly in the footer (the area at the bottom of each page of your site, generally containing important links and legal information), the shopping cart, the order page and the customer account area, so that consumers can consult them before committing themselves.
  • Include a mandatory acceptance box at checkout. The customer must tick this box to confirm that he/she has read and accepted the GCS before validating his/her purchase.
  • Retain proof of acceptance, for example by means of a timestamp or a copy of the order associated with the version of the GTS in force at the time of sale. This proof can be decisive in the event of a dispute.

Legibility :

  • Use clear, accessible language, avoiding legal jargon or overly complex wording, so that your customers can easily understand their rights and obligations.
  • Structure GTCs with short paragraphs and bulleted lists, making them easier to read and enabling consumers to quickly identify essential information.
  • Offer a downloadable version in PDF format, so that customers can keep the document and consult it offline.
  • Use legible fonts and good contrast, especially on cell phones, to ensure comfortable reading on all devices.

Last update :

  • Revise your GTCs regularly to reflect legal developments (Hamon law, RGPD, transparency obligations), changes in your products, services or internal procedures.
  • Clearly display the date of the last update, so that consumers immediately know which version is applicable at the time of purchase.
  • Archive previous versions for a complete history. This makes it possible to prove which version was in force at the time of a past sale, in the event of disagreement or complaint.

Give your e-commerce a solid framework!

General terms and conditions of sale are a confidence-building lever and a fundamental element in securing your business, whether you sell on your own website or on a marketplace like Rakuten. Comprehensive, compliant and regularly updated terms and conditions protect your business, reassure your customers and reinforce your professionalism. Keep them clear, accessible and up to date, so that you can offer your customers a reliable framework within which to develop your business with complete peace of mind

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