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Subirats Avocat

T&Cs & ToS (General Terms and Conditions of Sale & General Terms and Conditions of Use)

Frame your business relationships and protect your users

The General Terms of Use and Sale establish the legal framework for your online activities and transactions. We draft and adapt these documents to ensure compliance, limit your risks, and protect both your users and your clients.

General Terms of Use (GTU)

Secure the use of your website

1. What is it?

The GTU set out the rules for using a website or an application.

They specify the rights and obligations of both the user and the site publisher.

2. Who is concerned?

  • Website publishers and online platforms
  • Startups and companies with a client or e-commerce space
  • Professional and individual users accessing the services

3. Why is it important?

  • Limit the publisher’s liability (bugs, incorrect content, maintenance).
  • Define the rights and duties of users (e.g., prohibition on disrupting the service).
  • Protect your content (texts, logos, photos, videos).
  • Make the rules enforceable by making them accessible (footer, checkbox).

4. What we do for you

  • Drafting and tailoring custom GTU.
  • Integrating liability and content protection clauses.
  • Ensuring legal compliance to guarantee enforceability.
  • Strategic advice to limit your risks in the event of a dispute.

General Terms and Conditions of Sale (GTC)

Frame your commercial transactions

1. What is it?

The GTC define the contractual terms applicable to any sale of goods or services.

They govern the relationship between a professional and their clients.

2. Who is concerned?

  • Product sellers and service providers
  • B2C companies (mandatory)
  • B2B companies (mandatory communication upon request)

3. Why is it important?

  • Ensure commercial transparency (prices, terms, deadlines).
  • Prevent disputes by framing payment and delivery conditions.
  • Define withdrawal rights and legal warranties (conformity, hidden defects).
  • Avoid sanctions: fines of up to €75,000 in case of absence or non-compliance.

4. What we do for you

  • Drafting GTC compliant with the Commercial Code and consumer law.
  • Integration of tailored clauses (late payment penalties, legal warranties).
  • Guidance on communicating GTC (in quotes, invoices, contracts).
  • Assistance in case of disputes with a client (B2C or B2B).

Privacy Policy & Personal Data

GDPR compliance and data protection

1. What is it?

The privacy policy defines how a company collects, uses, stores, and secures personal data.

It applies to data relating to employees, job applicants, clients, and partners.

2. Who is concerned?

  • Any company collecting and processing personal data
  • Employers managing personnel files (payroll, recruitment, evaluation)
  • Startups and platforms handling client data

3. Why is it important?

The protection of personal data is a fundamental right.

Non-compliance with the GDPR exposes companies to sanctions:

  • Up to €10M or 2% of global annual turnover
  • Penalties from the CNIL

Risks include loss of client trust, civil liability, and reputational crises.

Specific obligations: processing registers, DPO, data protection impact assessments (DPIA).

4. What we do for you

  • GDPR compliance audits of your processing (HR, clients, sensitive data).
  • Drafting or updating your privacy policy.
  • Preparing the processing register and identifying risks.
  • Advising on security measures (restricted access, encryption, storage).
  • Assistance in the event of a CNIL audit and legal defense support.
  • Training and awareness for your HR, IT, and sales teams.

FAQ

Yes. In B2C, they are mandatory and must be provided to the consumer before the contract is concluded (Consumer Code, Art. L.111-1). In B2B, they must be communicated to any professional client who requests them (Commercial Code, Art. L.441-1).

The GTU set the rules for using a website, an application, or a platform.

The GTC govern the sale of goods or services (price, payment, delivery, warranties).

They complement each other: GTU = access, GTC = transactions.

  • Essential characteristics of the good/service.

  • Price including all taxes (TTC).

  • Terms of delivery and payment.

  • Right of withdrawal (minimum 14 days, except exceptions).

  • Legal warranties: conformity (2 years), hidden defects.

They must be accessible and accepted before the conclusion of the contract: checkbox, validation click, permanent link in the footer. The absence of proof of acceptance makes the GTU/GTC unenforceable in the event of a dispute.

The DGCCRF may impose a fine of up to €75,000 for an individual and €375,000 for a company. In B2C, unfair terms may be deemed void and result in civil penalties.

It is necessary to include a separate or integrated privacy policy specifying: purposes of processing, legal basis, retention period, users’ rights. Non-compliance with the GDPR exposes businesses to penalties of up to €20M or 4% of global turnover.

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