Have your terms and conditions checked by a legal expert
General terms and conditions are, as it were, the business card of the company. By reading them, every (potential) customer will become acquainted with youlegal positionand vision of cooperation. It is therefore important that these standard provisions are correct down to the last detail. Have your general terms and conditions checked by a legal expert and obtain certainty about thelegal frameworkof your services.
What are general terms and conditions?
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Terms and conditions are the standard clauses that ageneral legal frameworksketches for cooperation. You often come across them on invoices or quotes. They are also popularly referred to as the 'fine print' called.
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Are general terms and conditions mandatory?
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Drawing up general terms and conditions isnot required by law. However, it is strongly recommended.
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you contract withconsumers, then there is onepre-contractual information obligation. This means that you must offer the customer-consumer the opportunity to take note of certain information prior to concluding the agreement. The easiest way to comply with this legal obligation isthrough the general terms and conditions.
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Why are correct terms and conditions important?
The importance of legally correct general terms and conditions is often greatly underestimated. We give a short overview why checking general terms and conditions is a good investment:
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Transparency and legal certainty
Why do you need correct general terms and conditions as an entrepreneur?Good agreements make good friends: First and foremost, good general terms and conditions ensure clear communication to (potential) customers.
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Strengthening legal position
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Properly drafted general terms and conditions protect you as a company againstpossible legal disputeson the terms of the agreement. Itdrawing up the general terms and conditionsthus strengthens the legal position of your company.
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Easily draft contracts
Once your overlegally correct terms and conditionsthat are adapted to the needs of your company, you can draw up unlimited contracts using the same general terms and conditions. This saves you thelegal costsof having to draw up a new contract each time.
B2B or B2C?
Keep it in mind thoughdistinction between B2C and B2Bcontracts. Different legal provisions apply to these two categories. More information about the difference between general terms and conditions for consumers and for companies can be found inthis post from Mr. Franklin.
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Create your own terms and conditions
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Some self-employed entrepreneurs tend to draw up the general terms and conditions on their own, withoutspecialist help. However, this can be one moretime consuming jobfor those who are not familiar with the relevant contract law rules and who do not have years of experience in the legal world.
Who is Mr. Franklin?
mr. Franklin is a law firm specialized in the legal framework of intellectual property, information security and cybersecurity. In addition, Mr. Franklinbroad experiencein drafting general terms and conditions. Usually companies let usperiodically check the terms and conditions. We also provide training and workshops on the drafting of general terms and conditions by an expert expert with considerable experience in this field.
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Our approach is always consultative and pragmatic, with attention to thepreferences and needs of your company. Already 250+ companies preceded you:on this page of our websiteread about their experiences with our services.
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If Mr. Franklin, we find transparency about costs very important. That is why we work with fixed prices or subscription formulas where possible so that you are not faced with any surprises.
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Why have general terms and conditions checked?
If you choose to work with general terms and conditions, they must have a number of theminformation specified by lawcontain.
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If the terms and conditionsare not legally correct(for example, because they conflict with a certain obligation or because they do not contain all necessary information), then these terms and conditionsinvalid. This results in themnot bind contracting parties. Consequently, in this case you have to fall back on the general legal regime or the usual commercial practices in your sector. In some cases this can be detrimental to your company. That is why it is essential to have the terms and conditions checked by aspecialized lawyer or jurist.
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New legislation
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If you already have general terms and conditions, it remains important to read themup to datehold. Itlaw evolvescontinual. Consider, for example, the recent changes in legislation regarding agreements between companies. Thenew B2B law of 2019has introduced, among other things, the so-called 'grey list' of terms that can be declared invalid.
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A good example is onecompensation clausewhich is often included in the general terms and conditions. In certain cases such aclause invalidbe declared allowing you to default at allno compensationwill receive. Having your general terms and conditions regularly checked by specialized lawyers is therefore a wise investment.
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​Do not forget that in most cases a privacy statement must be drawn up . At thedrawing up a solid privacy statementit is best to contact a specialized lawyer.
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Tighten up general terms and conditions
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It is therefore best to have the general terms and conditions checked, just like all legal documents. Because there are oftenimperfectionswhich may not seem important at first glance. However, these imperfectionscommunicationbetween the parties or jeopardize the legal position of your company.
Are your terms and conditions clear enough for all contracting parties? Has the capacity of your customer as a consumer or as a company been taken into account? This and all otherslegal questionswith regard to the validity of your general terms and conditions, it is best to have it answered byexperienced lawyers. An expert lawyer can also help you with the new conditionsto set upIf necessary.
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Bringing clarity
Legal language does not always provide the necessaryclarityto readers without a legal background. It is therefore important not to blindly adopt legal provisions, but to do it yourselfto understandwhat is in your terms and conditions. That way you can be sure that it isclear to customerswhat they can expect from your services.
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GoodlegibilityandBrightnessare therefore essential. General terms and conditions must be drawn up in such a way that they are tailored to your company but are still legally correct.
Let an expert do yourTerms and Conditionscheck
If you, as an entrepreneur, want to avoid unnecessary legal proceedings, correct general terms and conditions are not an unnecessary luxury, but a must. In addition, good agreements also make good friends, so you don't have to worry about disagreements with important business partners. Feel free to contact Mr. Franklin: our experts are happy to check your general terms and conditions so that your company remains legally sound from A to Z.
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