{"id":1149,"date":"2025-06-18T12:22:30","date_gmt":"2025-06-18T10:22:30","guid":{"rendered":"https:\/\/www.schaunig.at\/have-general-terms-and-conditions-created\/"},"modified":"2025-12-03T14:36:40","modified_gmt":"2025-12-03T13:36:40","slug":"have-general-terms-and-conditions-created","status":"publish","type":"page","link":"https:\/\/www.schaunig.at\/en\/have-general-terms-and-conditions-created\/","title":{"rendered":"Have general terms and conditions created"},"content":{"rendered":"

Have general terms and conditions created<\/h1><\/div>

We create your general terms and conditions:
for Austria & Europe-wide<\/h2><\/div>
Free initial consultation<\/span><\/i><\/a><\/div>
+43 (0) 1 36 155 12 <\/span><\/i><\/a><\/div><\/div><\/div><\/div><\/div>

Have general terms and conditions created<\/p>\n<\/div>

We create your general terms and conditions:
for Austria &
Europe-wide<\/p>\n<\/div>

Free initial consultation<\/span><\/i><\/a><\/div>
+43 (0) 1 36 155 12 <\/span><\/i><\/a><\/div><\/div><\/div><\/div><\/div>

Business law – essential for your company – Our specialization – your competitive advantage<\/h1><\/div>

General terms and conditions as the basis for contracts<\/p><\/h3><\/div>

Legally compliant general terms and conditions (GTC) are essential for companies. These are pre-formulated contractual terms and conditions that clarify fundamental legal issues and can be applied to a large number of contracts. <\/p>\n

To ensure that the GTC meet legal requirements and apply to all contractual partners in every respect, they should always be drawn up individually by a lawyer.<\/p>\n

At our law firm, we are happy to support small and medium-sized enterprises (SMEs), start-ups, family businesses and expanding companies in Austria and throughout Europe with the drafting of general terms and conditions.<\/p>\n<\/div>

Contact us<\/span><\/i><\/a><\/div><\/div><\/div><\/div><\/div>

General terms and conditions as the basis for contracts<\/p><\/h3><\/div>

Legally compliant general terms and conditions (GTC) are essential for companies. These are pre-formulated contractual terms and conditions that clarify fundamental legal issues and can be applied to a large number of contracts. <\/p>\n

To ensure that the GTC meet legal requirements and apply to all contractual partners in every respect, they should always be drawn up individually by a lawyer.<\/p>\n

At our law firm, we are happy to support small and medium-sized enterprises (SMEs), start-ups, family businesses and expanding companies in Austria and throughout Europe with the drafting of general terms and conditions.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

Specific services relating to general terms and conditions<\/p><\/h3><\/div>

Specific services
around general terms and conditions<\/p>\n<\/div><\/div><\/div>

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Creation of
new GTC<\/p>\n<\/div>

You do not yet have general terms and conditions? In this case, we will take care of the entire general terms and conditions creation. Individually & carefully. <\/p>\n<\/div><\/div><\/div>

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Check
existing general terms and conditions<\/p>\n<\/div>

If general terms and conditions already exist, we will carefully check them for gaps, errors and inaccuracies. We revise your clauses so that they are legally compliant. <\/p>\n<\/div>

Free initial consultation<\/span><\/i><\/a><\/div><\/div><\/div>
<\/i>

Personal
consultation<\/p>\n<\/div>

Do you have any questions? We will be happy to provide you with comprehensive advice on the subject of GTC and where best to incorporate the terms and conditions (contract and website). <\/p>\n<\/div>

Free initial consultation<\/span><\/i><\/a><\/div><\/div><\/div><\/div><\/div>

Have general terms and conditions created for Austria & Europe<\/p><\/h4><\/div>

Have general terms and conditions created for Austria & Europe<\/p><\/h4><\/div>

As a law firm, we support companies in Austria and throughout Europe in drafting and reviewing their general terms and conditions.<\/p>\n

And we know that: Different countries often have different legal requirements and framework conditions. In each individual case, we look at which clauses and provisions in the general terms and conditions are permissible, impermissible and mandatory. <\/p>\n

We use this to create legally compliant general terms and conditions for Austria and Europe.<\/p>\n<\/div>

Contact us<\/span><\/i><\/a><\/div><\/div><\/div>
\"agb<\/div><\/div><\/div><\/div>
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When do I have to have general terms and conditions drawn up?<\/p>\n<\/div>

When do I have to have general terms and conditions drawn up?<\/p><\/h4><\/div>

The creation of general terms and conditions is particularly familiar from e-commerce. Here, similar contracts (purchase of a product) are always concluded with a large number of customers.
Therefore, whenever goods – but also services – are sold to customers, general terms and conditions are also to be found. <\/p>\n

The contractual partners are you as a company and your customers who purchase the goods or services. General terms and conditions help you to safeguard your rights as a company and at the same time fulfill your duty to inform consumers. <\/p>\n<\/div><\/div><\/div><\/div><\/div>

In-depth expertise for complex issues<\/h1><\/div>

What do I have to consider with GTC?<\/p>\n<\/div><\/div><\/div>

Comply with the law<\/strong>
When drawing up general terms and conditions, it is particularly important that they do not contain any clauses that circumvent current laws.<\/p>\n<\/div><\/div><\/div>

Comprehensible<\/strong>
The comprehensibility requirement also applies to both B2B and B2C. This states that the formulated conditions must be easy to understand for everyone. <\/p>\n<\/div><\/div><\/div>

Customer group<\/strong>
If you want to create your GTC, your customer group is crucial. In the B2C sector, distance selling law applies, which is stricter than the clauses in the B2B sector. <\/p>\n<\/div><\/div><\/div>

Contents<\/strong>
The terms and conditions must contain some information, e.g. on the provider, payment terms, shipping conditions, exclusion of liability, consequences of late payment, conclusion of contract, etc.<\/p>\n<\/div><\/div><\/div>

Design<\/strong>
The General Terms and Conditions must be legible, easily accessible and visible before the contract is concluded. Therefore, the font must be sufficiently large and the terms and conditions must be integrated in a clearly visible place. <\/p>\n<\/div><\/div><\/div><\/div><\/div>

Why with us?<\/p>\n<\/div>

Why with us?<\/p>\n<\/div><\/div><\/div>

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Fast & personal<\/p>\n<\/div>

We want to provide you with the best possible legal support. That is why you will be given quick appointments at our office and receive quick answers to your questions. <\/p>\n<\/div><\/div><\/div>

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Individual<\/p>\n<\/div>

T&Cs must be tailored to your company, your requirements and your trading territory (e.g. Austria vs. Europe-wide). As a lawyer, we are familiar with Austrian and Europe-wide legal requirements & create individual GTC for your company. <\/p>\n<\/div><\/div><\/div>

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In-house support<\/p>\n<\/div>

We look after all clients directly in our office – even when drafting general terms and conditions. Your concerns are not passed on to external lawyers, but are always dealt with in-house. <\/p>\n<\/div><\/div><\/div><\/div><\/div>

Have general terms and conditions drawn up: On the safe side with a lawyer<\/h3><\/div>

Your lawyer for commercial law<\/p>\n<\/div>

There is a lot to consider when drawing up general terms and conditions. The advantage of hiring a lawyer is that they are familiar with current laws and case law and can therefore draft the clauses in such a way that they meet all legal requirements and hold up in court. <\/p>\n

This makes your general terms and conditions warning-proof, which saves costs in the long term. After all, warning letters can quickly become expensive, especially in this area. <\/p>\n

A lawyer even assumes liability for this legal certainty. Should errors occur, the costs are covered by the lawyer’s insurance. As a company, you therefore have cost certainty here. <\/p>\n

As a lawyer, we are at your side with our entire team. For legally compliant and warning-proof general terms and conditions. <\/p>\n<\/div>

Contact us<\/span><\/i><\/a><\/div><\/div><\/div>
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Why with us?<\/p>\n<\/div>

Why with us?<\/p>\n<\/div><\/div><\/div>

1. personal initial consultation<\/h4><\/div>

The first step is a personal consultation at our law firm in Vienna (Austria) or online. There we will clarify whether you would like advice, a review of your general terms and conditions or whether you would like to have them drawn up. <\/p>\n

We take the necessary time to understand your industry, your company, your workflows and processes in the long term and also inform you about the costs involved. The initial consultation is free of charge and non-binding. <\/p>\n<\/div><\/div><\/div>

2. offer<\/h4><\/div>

We will provide you with an offer that is tailored to your legal requirements.<\/p>\n

It also provides a transparent breakdown of our services and the costs incurred.<\/p>\n<\/div>

Free initial consultation<\/span><\/i><\/a><\/div>
Contact us<\/span><\/i><\/a><\/div><\/div><\/div>

3. creation of general terms and conditions by the lawyer<\/p>\n

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We will now draw up your general terms and conditions or check them using our tried-and-tested checklists and your individual specifications.<\/p>\n

We handle requests for changes or additions in an uncomplicated manner and incorporate them promptly. Your general terms and conditions are now legally compliant and protected against warnings. <\/p>\n<\/div><\/div><\/div><\/div><\/div>

In-depth expertise for complex issues<\/h1><\/div>

FAQ – Have general terms and conditions created<\/p>\n<\/div>

As a lawyer, I, Arnulf Schaunig, and my team support small and medium-sized enterprises (SMEs), start-ups, family businesses, owner-managed and expanding companies throughout Europe in all matters of commercial law and corporate law.<\/p>\n

Whether disputes, contracts, unpaid invoices, court proceedings, business start-ups, strategic decisions or in everyday business life – we support you with professional advice & solution-oriented action.<\/p>\n<\/div><\/div><\/div>

What are GTC & why do I need them?<\/h4><\/div>
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General terms and conditions are pre-formulated contractual conditions that can be applied to many contracts. This keeps contracts short and basic provisions do not always have to be renegotiated. <\/p>\n

In addition, you also fulfill your duty to inform your contractual partner (customer) with the GTC.<\/p>\n<\/div><\/div><\/div>

Can I also use generators?<\/h4><\/div>
<\/div><\/div>

Generators and templates are a good basis for your initial considerations. However, you must bear in mind that templates may be out of date – and therefore invalid. Unfortunately, mistakes can result in costly warnings. <\/p>\n

In addition, there is always the question of the extent to which templates and generators comply with any provisions of the Consumer Protection Act (KSchG) and include them in the general terms and conditions. Case law is very strict, especially when concluding contracts with consumers, which can lead to enormous payment defaults or unwanted contract withdrawals. <\/p>\n<\/div><\/div><\/div>

Can I write my own terms and conditions?<\/h4><\/div>
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We must advise against this, as there are strict legal requirements for the creation of general terms and conditions. Without the necessary legal knowledge, general terms and conditions quickly become invalid and mistakes can be expensive. <\/p>\n

Important:<\/strong>
You should also not copy the terms and conditions of a company that is similar to yours. This is because you are committing a copyright infringement. <\/p>\n<\/div><\/div><\/div>

How much does it cost to have general terms and conditions drawn up?<\/h4><\/div>
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The costs for a lawyer can vary greatly. On the one hand, this is due to the prices that the respective lawyer charges for their services and the amount of work involved. <\/p>\n

Reviewing general terms and conditions is often less time-consuming than drawing them up from scratch. The business model can also have an impact on how time-consuming it is to draw up general terms and conditions. <\/p>\n

We work with all-inclusive prices so that you always know what costs you will incur. This means you can rely on a fixed price from the outset – without any nasty surprises afterwards. <\/p>\n<\/div><\/div><\/div>

When are general terms and conditions from a lawyer particularly important?<\/h4><\/div>
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Individual GTCs are particularly important, for example, if you offer your products or services across national borders. This is because different regulations and clauses often apply in different countries. <\/p>\n

Unwanted consumer protection regulations, legal proceedings abroad or contract rescissions can result in considerable sales losses.<\/p>\n

Even if your company is very complex, a review by a lawyer makes particular sense. We are happy to support you in Austria and throughout Europe with the creation and review of your general terms and conditions. <\/p>\n<\/div><\/div><\/div>

How quickly can I get general terms and conditions from a lawyer?<\/h4><\/div>
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How long the creation process takes varies from case to case. The individual requirements play a major role here. In addition, different regulations apply in cross-border trade (e.g. Europe-wide) than in national trade (e.g. only in Austria). <\/p>\n

During a free initial consultation, we will discuss your requirements and give you an estimate of how long the creation or review will take.<\/p>\n<\/div><\/div><\/div>

Where do I have to integrate the GTC?<\/h4><\/div>
<\/div><\/div>

On the one hand, the contract (e.g. purchase contract, service contract) or the offer must contain a reference to the GTC. These should also be linked at this point or printed on the back. <\/p>\n

Your customers should also always be able to find the general terms and conditions on the website. The two-click rule applies here: the terms and conditions must be accessible from every subpage with just two clicks. It is therefore a good idea to link to the terms and conditions on every subpage in the footer of the website. <\/p>\n

Important:<\/strong>
If the reference to the GTC is only included on the invoice or on delivery bills, your terms and conditions are invalid, as the reference must be made before the contract is concluded.<\/p>\n<\/div><\/div><\/div>

B2B- & B2C-AGB: Are there differences?<\/h4><\/div>
<\/div><\/div>

Yes. In the B2C sector, distance selling law applies with its strict regulations. On the other hand, there are also some clauses in the B2B area that are not permitted in the general terms and conditions for consumers.
The type and manner of consent is also regulated differently in both areas. <\/p>\n

End consumers must be made aware of the GTC and agree to them before placing an order in the online store, for example. For business customers, on the other hand, it is sufficient to hand over the GTC. These are then deemed to have been accepted if no objection is raised. <\/p>\n

In a free initial consultation, we will also clarify these points and then draw up your general terms and conditions in such a way that they meet all the legal requirements in your individual case.<\/p>\n<\/div><\/div><\/div>

Invalid general terms and conditions: What are the legal consequences?<\/h4><\/div>
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If a clause is deemed to be unlawful or grossly disadvantageous, it is deemed null and void and has no legal effect. In practice, this means that general (dispositive) statutory law applies instead of the invalid clause – often to the detriment of the company. <\/p>\n

Despite the invalidity of individual clauses, the rest of the contract generally remains valid. However, the use of inadmissible general terms and conditions can have far-reaching consequences, especially for consumers. There is a risk of injunctions by consumer protection organizations such as the Verein f\u00fcr Konsumenteninformation (VKI), combined with court proceedings, publication obligations and, in some cases, sensitive claims for reimbursement of costs. There is also the risk of administrative sanctions and – in the event of specific damage – civil claims for damages. <\/p>\n

GTC clauses on the right of withdrawal and the due date of payments are particularly sensitive. Inadmissible restrictions to the statutory right of withdrawal – for example in online transactions with consumers – are not only ineffective, but can also lead to costly reversals. It is therefore essential to draft these areas in a legally sound manner in order to avoid bad debts and disputes. <\/p>\n

According to the highly regarded decision of the European Court of Justice in the Gupfinger case (C-625\/21), even the statutory substitute right may remain unavailable to the user of the GTC if this would undermine the consumer’s level of protection. In such cases, the contractual loophole in question cannot simply be closed by national law, which is particularly disadvantageous for entrepreneurs. This increases the pressure on companies to use legally compliant and transparent T&Cs from the outset. <\/p>\n<\/div><\/div><\/div><\/div><\/div>

<\/div><\/div>

Arnulf Schaunig –
Law firm Vienna<\/h3><\/div>

Your direct contact<\/p>\n<\/div>

Your direct contact<\/p>\n<\/div>\n

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