Terms and conditions
LexInter | June 30, 2002 | 0 Comments


The general conditions are stipulations established in advance by a professional to govern his contractual relations. They can be contained in various documents.

Producers, service providers or applicants for the provision of services for a professional activity are required to establish general conditions. They must communicate them and their price list to any potential buyer who requests them.

General conditions and  membership contract in the reform of contract law

“ Art. 1110.
“[…] The adhesion contract is one the general conditions of which, exempt from negotiation, are determined in advance by one of the parties.

 Art. 1119.- The general conditions invoked by one party have effect with regard to the other only if they have been brought to the attention of the latter and if it has accepted them.
“In the event of a discrepancy between the general conditions invoked by one and the other of the parties, the incompatible clauses have no effect.
“In the event of a discrepancy between general conditions and special conditions, the latter prevail over the former.





Obligation to submit general contract conditions

The Consumer Code (Article L134-1) provides that professional sellers or service providers must provide any interested person who requests it with a copy of the agreements they usually offer.


General conditions and European principles of contractsArticle 2: 209: Incompatibility between general conditions
(1) When the parties have reached an agreement but the offer and the acceptance refer to incompatible general conditions, the contract is nevertheless concluded. The general conditions form part of the contract insofar as they are essentially common to the parties.
(2) The contract, however, is not formed if a party
(a) has indicated in advance, explicitly and not in its general conditions, that it does not want to be bound by contract under paragraph first,
(b) or subsequently inform the other party without delay that it does not intend to be bound by the contract.
(3) General contract conditions are clauses which have been established in advance by one party for an indefinite number of contracts of a certain nature and which have not been the subject of individual negotiation between the parties. parts.
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