Drafting of general terms and conditions
General terms and conditions standardise your business processes and govern recurring issues in a binding manner. We draft terms and conditions that suit your business model and are designed to withstand judicial review of their content.
The key points at a glance
Definition and incorporation
Standard terms and conditions are contractual terms pre-formulated for a large number of contracts which one party presents to the other (§ 305 BGB). In relation to consumers, they become part of the contract only if they are expressly referred to when the contract is concluded and the other party can reasonably take note of them.
Review of content
Clauses are invalid if, contrary to the requirement of good faith, they unreasonably disadvantage the other party (§ 307 BGB). For consumer contracts, the law additionally contains lists of prohibited clauses. Contracts between businesses are also subject to review of content under § 307 BGB.
Transparency and legal consequences
Clauses must be worded clearly and comprehensibly. If a clause is invalid, the statutory provision generally applies in its place. The clause is not reduced to the extent that would still be permissible.
Conflicting terms
If, in business dealings, both parties refer to their own standard terms, conflicting clauses generally do not apply. They are replaced by the statutory rules, which may have unexpected consequences for both sides.
How we proceed
We analyse your processes, your customer groups and the typical conflict situations in your business.
We draft terms and conditions tailored to your needs, distinguishing where necessary between consumer and business customers.
We advise on effective incorporation, for example in online retail, and review your terms and conditions in the light of legislative changes and new case law.
Frequently asked questions
Can we adopt a competitor’s terms and conditions?
We advise against this. Third-party terms and conditions rarely suit your own business model and may be protected by copyright.
Do our terms and conditions also apply to verbal orders?
That depends on whether they have been effectively incorporated. In dealings between businesses, the requirements are less stringent than in relation to consumers, but a clear reference is always advisable.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich