The terms of payment regulate when and how the customer must pay. Here, companies can also specify due dates and payment deadlines and define regulations on interest on arrears and reminder fees. It is important that the terms of payment are clearly formulated and legally compliant. Due dates and payment deadlines:
\n<\/strong> The standard deadline is 30 days, but shorter deadlines can also be agreed, although these must be reasonable for the customer. Interest on arrears and reminder fees:<\/strong>
\nCompanies are entitled to charge interest on arrears if the customer is in default of payment. However, the amount of interest may not be disproportionately high.<\/p>\n<\/div><\/div><\/div>B) Terms of delivery and service<\/p>\n<\/div>
These clauses regulate the scope of the company’s performance obligations, i.e. when and how the goods are to be delivered or the service provided. They may also contain provisions on delivery deadlines and liability for late delivery. Delivery deadlines:<\/strong>
\nGTC may stipulate that the company is not liable if delivery is delayed due to force majeure or external circumstances. Partial deliveries:<\/strong>
\nMany companies reserve the right to make partial deliveries in their GTCs, provided this is reasonable for the customer.<\/p>\n<\/div><\/div><\/div>C) Retention of title<\/p>\n<\/div>
Retention of title is a clause that stipulates that ownership of the goods is not transferred to the customer until full payment has been made. This clause is important for companies to protect themselves in the event that the customer does not make payment. Formulation of the clause:<\/strong>
\nThe retention of title should be formulated clearly and unambiguously to ensure that the company can enforce its rights in the event of late payment.<\/p>\n<\/div><\/div><\/div>D) Warranty and liability<\/p>\n<\/div>
GTCs may contain clauses that restrict the customer’s warranty rights. However, it should be noted that statutory warranty claims may not be completely excluded in Austria. Exclusion of liability:<\/strong>
\ncompanies may not completely exclude their liability, especially not for damages resulting from intent or gross negligence. Exclusion of liability is possible for slight negligence, but only if this is expressly and comprehensibly formulated. Exclusion of liability for personal injury, on the other hand, is not permitted. Liability for material defects:<\/strong>
\nT&Cs can limit liability for material defects to certain damages, but the minimum requirements of warranty law must be observed. For example, the exclusion of warranty for freshly produced goods is immoral and invalid.<\/p>\n<\/div><\/div><\/div>E) Right of withdrawal and termination<\/p>\n<\/div>
The right of withdrawal gives the customer the opportunity to withdraw from the contract under certain conditions. It is therefore important to formulate these regulations clearly. Right of withdrawal for consumers:<\/strong>
\nConsumers in Austria have a statutory right of withdrawal for distance selling transactions (e.g. online purchases). This cannot be restricted by general terms and conditions. Withdrawal in the event of default:<\/strong>
\nMany GTCs stipulate that the company is entitled to withdraw from the contract if the customer repeatedly defaults on payment.<\/p>\n<\/div><\/div><\/div><\/div><\/div>Special requirements for general terms and conditions for the B2B and B2C sectors<\/h3><\/div>In Austria, a distinction is made between consumers (B2C) and businesses (B2B). This distinction is crucial, as consumers are particularly protected and stricter regulations apply.<\/p>\n<\/div><\/div><\/div>
General terms and conditions in the B2C sector
\n(Business to Customer)<\/p>\n<\/div>
In the B2C sector, general terms and conditions are subject to stricter content control. Here, the protective provisions of the Consumer Protection Act (KSchG) apply, which prevent consumers from being disadvantaged by unilaterally formulated clauses. Consumer protection rights:<\/strong> Consumers have the right to withdraw from the contract within 14 days for online purchases. This period cannot be shortened or excluded by general terms and conditions. Unfair terms:<\/strong>
\nT&Cs in the B2C sector must not contain any unreasonable disadvantages for the consumer. Examples of inadmissible clauses are exclusions of liability for slight negligence and shortened warranty periods.<\/p>\n<\/div><\/div><\/div>General terms and conditions in the B2B area
\n(Business to Business)<\/p>\n<\/div>
In the B2B sector, companies enjoy more freedom when drafting their general terms and conditions. Here, it is assumed that the parties are on an equal footing and can act independently. Flexible regulations:<\/strong>
\nIn the B2B sector, certain restrictions such as the shortening of warranty periods or the agreement of higher default interest rates are permitted. Exclusions of liability:<\/strong>
\nCompanies can limit their liability more in the B2B sector than in the B2C sector. This also includes limitation and assertion periods. Nevertheless, the clauses here should also be formulated clearly and transparently.<\/p>\n<\/div><\/div><\/div><\/div><\/div>Tips for legally compliant drafting of general terms and conditions<\/h3><\/div>Creating legally compliant GTCs requires both legal expertise and an understanding of the specifics of the company’s industry. The following tips will help you to draft legally compliant and customer-friendly GTCs.<\/p>\n<\/div><\/div><\/div>
A) Clarity and comprehensibility<\/p>\n<\/div>
T&Cs should be formulated simply and comprehensibly in order to avoid misunderstandings and legal risks. Avoid technical jargon and use clear, precise language.<\/p>\n<\/div><\/div><\/div>
B) Regular updating<\/p>\n<\/div>
Legal framework conditions and company processes can change. T&Cs should therefore be reviewed regularly and adapted if necessary.<\/p>\n<\/div><\/div><\/div>
C) Legal advice<\/p>\n<\/div>
Advice from a lawyer specializing in business law is particularly important to ensure that the terms and conditions are legally compliant and meet the company’s specific requirements. A specialist lawyer can help to identify weaknesses and adapt the terms and conditions to current legal requirements.<\/p>\n<\/div><\/div><\/div>
D) Simple inclusion of the GTC<\/p>\n<\/div>
T&Cs should be easily accessible, for example on the company website or in the contract itself. Draw your customers’ attention to the GTCs before concluding the contract and ensure that they can be viewed before signing.<\/p>\n<\/div><\/div><\/div><\/div><\/div>
Conclusion: General terms and conditions as an indispensable instrument for risk minimization and legal certainty<\/p><\/h4><\/div>
General terms and conditions are an indispensable tool for companies to legally secure their business relationships with customers and partners and to create clear conditions. Particularly in Austria, where strict regulations apply to the drafting of general terms and conditions, it is important to know and implement the legal requirements precisely. <\/p>\n
By making their T&Cs transparent, comprehensible and legally compliant, companies can not only avoid legal disputes, but also strengthen the trust of their customers. Professional T&Cs ensure clear contractual relationships, secure the company’s long-term success and reduce legal risk. <\/p>\n
Ask yourself the following question:<\/strong> Do your company’s general terms and conditions meet the legal requirements?<\/p>\n<\/div><\/div><\/div><\/div><\/div><\/p>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":702,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63,57,48],"tags":[51,52,62,73,74,58,50,60,71,70,72,59,61],"class_list":["post-783","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business-en","category-company-foundation","category-the-company","tag-become-self-employed","tag-becoming-self-employed-in-austria","tag-choice-of-legal-form","tag-commercial-contracts","tag-commercial-law","tag-company-foundation","tag-entrepreneurship","tag-found-a-new-company","tag-general-terms-and-conditions","tag-gtc","tag-own-rules","tag-self-employed","tag-start-up-en"],"_links":{"self":[{"href":"https:\/\/www.schaunig.at\/en\/wp-json\/wp\/v2\/posts\/783","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.schaunig.at\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.schaunig.at\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.schaunig.at\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.schaunig.at\/en\/wp-json\/wp\/v2\/comments?post=783"}],"version-history":[{"count":1,"href":"https:\/\/www.schaunig.at\/en\/wp-json\/wp\/v2\/posts\/783\/revisions"}],"predecessor-version":[{"id":789,"href":"https:\/\/www.schaunig.at\/en\/wp-json\/wp\/v2\/posts\/783\/revisions\/789"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.schaunig.at\/en\/wp-json\/wp\/v2\/media\/702"}],"wp:attachment":[{"href":"https:\/\/www.schaunig.at\/en\/wp-json\/wp\/v2\/media?parent=783"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.schaunig.at\/en\/wp-json\/wp\/v2\/categories?post=783"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.schaunig.at\/en\/wp-json\/wp\/v2\/tags?post=783"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}