How to formulate General Terms and Conditions (GTC)?
Young entrepreneurs who are active in the field of mass services would do well to rationalise the conclusion of contracts by means of so-called general terms and conditions (GTC).
It is essential that the GTC are adapted to the needs of the company, but also of the counterparties. Thus, it cannot be generally stated what all must be regulated in the GTC. What is certain is that unclear regulations should be avoided, since in case of doubt they can be interpreted against the will of the author. There should also be no unusual rules in the GTC, as the GTC are usually adopted globally by the customer, i.e. the customer takes note of the pre-formulated provisions but does not read them through. Even in the case of global acceptance, the GTC become an integral part of the contract, whereby unusual rules do not become valid if a reference is missing or they have not been specifically highlighted from the text.
General terms and conditions can be structured as follows, for example, and have the following content:
- basic data
Company name, representation, conclusion of contract, areas of activity, etc. - offer data
Type of offer, description, customers etc. - prices and conditions
Value added tax, shipping costs, payment methods, etc. - return and withdrawal
Exchange of goods, right of withdrawal, withdrawal from contract, etc. 5. - obligations of the supplier
Delivery periods, warranties, liability, etc. 6. - data protection
Processing of data, data security etc. - further provisions
Changes, applicable law, place of jurisdiction etc.
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