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GENERAL CONDITIONS FOR THE SALE OR PROVISION OF SERVICES IN THE BUILDING INDUSTRY
According to Article L111-1 of the Consumer Code, the service provider is obliged to inform the consumer of his general terms and conditions of sale prior to the conclusion of the contract.
If the law does not impose any particular form for the communication of the General Terms and Conditions of Sale or Service, It is necessary to present them in writing and to have them signed by the client, in order to make them enforceable.
It is also necessary to attach a order form specific to the order, which will complement the general terms and conditions of sale common to all contracts concluded by the professional.
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)
You may also like...https://www.cecile-zakine.fr/avocat-vefa-specialise-france-entiere/
Maître Zakine holds a doctorate in law and is a member of the Grasse Bar.
Her practice is based in Antibes, but she works throughout France, particularly in BordeauxMetz, Thionville, Strasbourg, Saint-Tropez, Paris, Ile de France, Mont de Marsan, Lyon, Lille, Marseille and the entire Var department.
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Frequently asked questions
What are the general terms and conditions of sale (GTCS) in real estate?
The GTC are a contractual document that defines the rights and obligations of the seller or service provider and the buyer. They must comply with the Consumer Code (Article L111-1).
Can I modify the GTC proposed by a builder?
Yes, the GTC are negotiable. It is advisable to have them reviewed by a lawyer before signing to avoid unfair clauses.
What are the deadlines to challenge abusive general terms and conditions?
The limitation period is 5 years from the signing of the contract. Act quickly upon discovering the unfair clause.
How much does a review of the GTC by Maître Zakine cost?
An analysis of the GTC is billed between €300 and €800 excluding tax depending on complexity. A preliminary consultation is recommended.
What to do if a professional does not respect their GTC?
Put him on notice to perform his obligations. If unsuccessful, refer the matter to the competent court. Maître Zakine can assist you in these steps.
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About Cécile Zakine
Lawyer in Antibes, registered with the Grasse Bar. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. Do not hesitate to contact the lawyer in Antibes: Maitre Zakine. or to make an appointment online for a consultation.
Possible consultation 45€/ 30 min by phone for a first consultation
