General conditions of sale in the real estate sector

 The general terms and conditions of sale can therefore be displayed on any medium deemed appropriate, such as a quotation or an invoice.

Where the service is marketed online, the law requires that the general terms and conditions of sale can be downloaded and printed, and it is customary for the service provider to have them accepted by means of a checkbox - a practice which is tantamount to a signature.

 The general terms and conditions of sale for building contractors are essential because they make it possible to define the terms of the service provision in a professional/consumer relationship.

The latter must be fully aware of the terms of the contract he is signing in order to give informed consent and to commit himself in full knowledge after having received clear, precise and intelligible information from the professional with whom he intends to contract.

The general terms and conditions of sale govern the entire contractual relationship, from the date of commencement of the work until its acceptance.

 Other clauses inserted in the general terms and conditions of sale:

• Information to the customer about the product sold or the service provided;
• conditions of sale ;
• schedule of unit prices and payment terms ;
• price reductions ;
• terms and conditions of payment: these provisions should specify, in particular, the penalties for delay and the conditions for applying this penalty.
• setting the conditions for reimbursement of the service provided or the product sold;
• framing the responsibility of both parties (supplier and customer) in the event of a dispute;
• competent court
• protection of the supplier in the event of a dispute or hazard;
• force majeure and contingency clause.

 Focus on the right of withdrawal: the general terms and conditions of sale and service provision must provide for the customer's right of withdrawal as well as the way in which it can be exercised when the contract is concluded at a distance (a form must be inserted at the end of the general terms and conditions of sale).

Cécile ZAKINE assists building professionals and other service providers in drawing up their contracts. general terms and conditions of sale clear and rigorous in order to avoid any difficulties with the Direction générale de la concurrence, de la consommation et de la répression des fraudes (Directorate-General for Competition, Consumer Affairs and Fraud Control)