GTC are the basis and safeguard for your business. The attorneys of our law firm take over the preparation of legally secure general terms and conditions for you and check already existing general terms and conditions for topicality and legal validity.
When drafting new general terms and conditions, we provide our clients with comprehensive advice and create an individual solution that reflects the interests of the entrepreneur to the best possible legal extent.
Due to constantly changing case law in Germany, it is necessary to subject the GTC to regular review. This is the only way to ensure the current legal certainty. Our law firm, located in Dresden (Germany), will gladly take over the review and possible revision.
If you wish to conclude a contract in which the general terms and conditions of the contractual partner apply, it is advisable to have these checked by a lawyer. This allows you to ensure that your own interests are protected.
You have received a warning due to your current GTC? We offer comprehensive and expert advice on all questions and legal issues relating to a warning letter received, how to draft a cease-and-desist declaration and explain the modalities of the modified cease-and-desist declaration.
If required, we also represent our clients in all legal disputes relating to the law on general terms and conditions and related areas of law, both in and out of court.
The goal of our attorneys and lawyers in the area of contract law is to create individual and professional GTCs for you that meet all legal requirements. In addition, the general terms and conditions should meet the needs of your business.
For this reason, we are always informed about current developments and court decisions in all areas of law that are related to this.
These include the areas of trademark law, copyright law and competition law.
Contact us now to create individual and targeted general terms and conditions!
Have general terms and conditions created
General terms and conditions are pre-formulated contractual conditions for a large number of contracts, which one contracting party provides to the other contracting party. The use of general terms and conditions has many pitfalls that can adversely affect the company if used incorrectly. Incorrect inclusion of general terms and conditions as well as violations of legal regulations must be prevented in order to avoid the resulting unpleasant legal consequences.
Our attorneys and lawyers will help you with the drafting of general terms and conditions and are available to answer any questions you may have regarding the further drafting of general terms and conditions.
Inclusion of the general terms and conditions
In addition to the creation of GTC, the effective inclusion of these is of great importance. The effective inclusion of general terms and conditions in the contract is subject to different conditions depending on whether the recipient party is a consumer, i.e. a private person, or an entrepreneur.
In the case of an entrepreneur, express consent to the GTC is not required. It is only necessary to ensure that this person has taken note of the general terms and conditions and has not objected to them. To be on the safe side, it is recommended to have the receipt of the general terms and conditions confirmed.
For an effective inclusion of GTCs in a contract with a consumer, the consumer must be expressly informed of the use of general terms and conditions prior to the conclusion of the contract and must have the opportunity to inspect the GTCs in order to familiarize himself with their content. Before the contract is concluded, he must have accepted the general terms and conditions. Otherwise, they cannot be applied to the contract.
To avoid this, it should be checked whether all the conditions for the applicability of the general terms and conditions are met.
Advantages of the General Terms and Conditions
If the general terms and conditions are effectively included, they can be used to modify legal regulations in favor of the user and to establish special provisions for business relations between the contracting parties.
Depending on the types of contracts concluded, different clauses can be stipulated in the GTCs, which, for example, can concern the delivery time, liability and revocation instructions in the case of sales contracts. If a company concludes a mass of identical or very similar contracts, the creation of GTCs can significantly simplify and facilitate business transactions.
Advice on the preparation of general terms and conditions
If GTCs are to be created, careful attention must be paid to ensure that their content and wording do not violate German legal regulations. Oft reichen geringe Wortlaut- und Formulierungsfehler aus, damit von einer Klausel keinerlei Wirkung ausgeht. Therefore, it is not advisable to create GTCs on one’s own without professional help.
Copying forms from other companies or using sample templates, which can often be found on the Internet, can have fatal consequences. If legal regulations are not followed, this can not only lead to the invalidity of the clauses, but also to cost-intensive warnings. Especially those who use third-party general terms and conditions from the Internet quickly fall into a warning trap, because a large number of the general terms and conditions circulating on the Internet do not comply with the legal requirements.
The goal of our contract law experts is to create individual and professional GTC for you. So that all legal requirements are met and the general terms and conditions meet the needs of your company.
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