General Terms And Conditions of Business (GTB)
General terms and conditions of business constitute one of the most important agreements into which a business enters. Hardly any other contract is used as often while being simultaneously highly complicated, due to the multitude of applicable laws and legal precedents. Moreover, many general terms and conditions of business can be found on-line, enabling a competitor to identify defective terms and conditions of business and sending the affected parties expensive warnings. Clients should therefore always pay special attention to their general terms and conditions of business.
Our work in the field of the law governing general terms and conditions of business focuses on
- The drafting of legally compliant general terms and conditions of business for all types of commercial purchasing and service offers, e.g. for webshops, portals, manufacturing industry, commercial purchasers, eBay shops, etc.
- The revision and updating of existing general terms and conditions of business to comply with current legal and judicial requirements;
- Constant monitoring and any necessary amendment of GTB to comply with the latest legal and judicial requirements (GTB flat rate);
- Defence against unjustified formal warnings by competitors or consumer protection organisations for alleged invalid clauses and GTB;
- Assertion of claims under competition law for forbearance, disclosure and compensation both out of court and before the courts, should a competitor use inadmissible GTB clauses.
GTB undergo constant change. Scarcely a month goes by in which a court does not judge a frequently-used clause to be ineffective. In addition, the development of consumer protection in online trading has led to fundamental changes in the field of GTB. It is almost impossible to draft them yourself. "Photocopied" GTB will almost certainly infringe applicable law, entailing expensive formal warnings, as the proprietors of the copied GTB will assert their claims.
Clients are therefore advised to have legally compliant GTB specific to their business drafted. GTB are frequently at the heart of corporate contracts and should therefore be faultless.