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Terms of Sales

When you sell goods remotely, you must indicate the following information in your T&Cs:

  • Essential characteristics of the product sold

  • Price

  • Methods of payment, delivery, execution of the contract and handling of complaints

  • Date or delivery time of the product sold

  • Your contact details

  • Possibility of using amediator of consumption

  • Status and legal formof your company

  • Registration number in the trade and companies register or in the national business register as a business in the craft trades sector

  • If your activity matches theregulated professions, the name and address of the authority which issued you the authorization

  • If you have one, yourintra-community VAT number

  • If you carry out a regulated activity, your professional title, the European State in which you had it, the name of the order or organization with which you are registered

  • Applicable law and competent court

  • Financial guarantee

  • : Written guarantee commitment from a mutual guarantee company, an insurance company or a financial institution, covering the risk of non-payment by a debtor (company vis-à-vis its employees and creditors for example)

  •  or professional liability insurance taken out. The contact details of your insurer and the geographical coverage of the contract or commitment

  • Existence and mode of implementation of thecommercial guaranteeand an after-sales service

A number of mandatory information must be indicated in your general conditions of sale.

1. Elements concerning the payment

You must indicate the price list and any reductions. You must also indicate the conditions under which the customer will have to pay. For example, you can provide a method of payment (cheque, credit card, etc.) or the possibility of paying in several instalments.

If you foresee the possibility of making discounts

: Short-term credit transaction which consists in buying, before its maturity, a debt from the person to whom it is due

, you must also indicate this in your terms of payment.

2. Items concerning late payment

You must provide the following information:

  • Interest rates oflate penaltieswhich may be required

  • Amount of the lump sum compensation for recovery costs if the sums due are paid after the date indicated on the invoice

Namely  

If you do not comply with the conditions concerning the fixed indemnity, you expose yourself to a fine of €75,000 (sole proprietorship) or €2,000,000 (company).

3. Elements concerning the conditions of sale

You must indicate in your T&Cs all the information concerning your conditions of sale. These include, for example, the conditions under which the product becomes the property of the customer (at the time of sending or receiving the product, for example), delivery conditions, etc.

4. Elements concerning the legal guarantee of conformity and the legal guarantee against hidden defects

The legal guarantee of conformity is used to guarantee all manufacturing defects during the purchase or delivery of a product.

The legal warranty against latent defects, on the other hand, serves to protect the buyer who has purchased a product whose use is not the expected use or whose use is diminished because of a defect. If the buyer had been aware of this defect, he would have bought the product at a lower cost or would not have bought it.

You must provide the following information:

  • Name of the professional guaranteeing the goods

  • Postal and telephone details, e-mail address of the professional or any other means of communication making it possible to request the implementation of guarantees

Warning  

In the event of the sale of digital content, you must indicate in aspecific boxthe procedures for implementing these guarantees. The content of the box must be specifically adapted to the period over which the contract extends.

5. Elements concerning the right of withdrawal

You must indicate in your T&Cs the possibility for the customer to withdraw after having concluded the distance sale and how he can do so. You must also provide amodel withdrawal form.

The withdrawal period is 14 days. It runs from the day after receipt for the sale of goods. In the absence of mention, your customer will benefit from a longer period of up to 12 months to cancel his order and be reimbursed. If you inform your customer during this period that there is a withdrawal period then a period of 14 days will start from the dissemination of the information.

When you are informed of the customer's decision to withdraw, you have a period of 14 days to proceed with the reimbursement of all sums paid.

The same rules apply to sale products.

However, some products are not subject to the right of withdrawal and therefore cannot be refunded. This is particularly the case for the following products:

  • Personalized product: it has been made especially for the consumer (tailor-made for example)

  • Quickly perishable product: food products for example

  • Video cassettes, CDs, DVDs if unsealed by the consumer

  • Press: newspapers, periodicals or magazines

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