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Writing Terms: the importance of the lawyer

Home > French Business Law | Published 2014-11-18

Supplier, client, e-merchant… the general conditions of sales are at the base of all commercial relations. It is important that they are constructed by a legal professional to provide security for your transactions. An attorney will also make sure that everything is up to date in accordance with Hamon’s law from March 17th 2014.

CGV: Definition

This is a contract between the seller and the manufacturer. Effectively, a CGV is composed of all the information relevant to the legal conditions of all goods and services. The manufacturer is obligated to provide to the client at his or her request, and for free.

The client has a right to negotiate and is allowed to refute and propose a new contract. Online e-commerce sites must also publish their CGV, which may differ from their physical store if they have one. Whether you are the manufacturer, client, e-merchant, it is very important to hire an attorney to solidify your commercial relations and protect your own interests.

Making of a CGV by an attorney: securing your commercial relations

The formalities and content of a typical CGV are encompassed by the law. The commerce code previews the content of the CGV: they must mention the conditions of sales, unit prices, price reductions and conditions of sale.

The role of the attorney is to make sure that the CGV respects these guidelines, even more so than making sure that the law allows such things in the first place. In the event that these laws or guidelines are broken, sanctions can be quite heavy. In the interest of protecting the consumer, a weak part of commercial relations, the legislator must introduce the notion of an abusive clause which can be defined as guidelines that are detrimental to the consumer or the non-professional, a significant unbalance between the rights and obligations of the parties involved in the contract.

The consumer code establishes a list of forbidden clauses and clauses that are to be presumed abusive. If abusive clauses are present, the person who wrote them could be punished by civil jurisdiction. The litigious clauses would be taken out and their author would be forced to pay damages in order to repair the injustice that occurred as a result of the unbalance in commercial relations.

To offer oneself the legal advice of an attorney is simply investing in the security of commercial relations. Regardless, it is important to remember to keep your terms and conditions up to date and keep up with social evolution and social activity, as well as the legislative evolution of Hamon’s law.

Are your terms and conditions in line with the modifications brought about by Hamon’s law?

Hamon’s law was put into effect to reinforce the commercial terms and conditions to put commercial relations on a pedestal. Effectively, they are the starting point for consumer negotiations. In terms of communication regarding terms and conditions, certain changes can be made depending on the situation and the people involved. Picovschi attorneys, fiercely experienced, know how to guide you during your negotiations, after flawlessly drafting the security of your terms and conditions.

This article is available online for public information purposes. It is updated regularly, as needed. Due to the constant evolution of the laws and the legal system, we cannot guarantee that the information in this article is still applicable. We invite you to contact us with any legal questions or concerns you have regarding this topic at +33 1 56 79 11 00. In no way can this firm be held liable for articles that contain inaccuracies or are now out of date.

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