Can We Legally Reproduce the General Terms and Conditions of Sale without Impunity?

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The main purpose of the General Terms and Conditions of Sale (GTS) is to inform the consumer about his rights regarding the terms and conditions of its online purchases.

The general conditions of sale of a website are specific to the e-commerce platform.
Many mentions are personalized according to the specificity of the e-commerce site. Therefore, there’s some risk to make inadequate copy-paste, in this case the GTS could themselves be illegal.

We can of course only draw inspiration from certain general conditions that are already published for a website, if you are sure that this is done according to the rules of law.

For this reason, it is preferable to rely on the enumerative obligations constituting the GTS and described in the French Consumer Code.

Remote sales or service contracts are made via the Internet. 4 essential steps are important to put in place within the framework of consumer protection: the obligation to provide information, the double-clicking technique, the acknowledgment of receipt and the withdrawal right.

The main steps to be included in the GTS are set out in the Articles L. 111-1, L. 221-5 and L. 211-11 of the French Consumer Code (essential characteristics of goods or services, prices, dates and deadlines delivery, legal guarantees, terms of the withdrawal right…).

On top of that, search engines penalize duplicate content pages by highlighting sites that do not contain duplicate content. The duplicate content policy of Google is for example a system of penalization of these copied contents.

A propos de Simy HARROCH

Master 2 droit de l'économie numérique,intéressée par les nouvelles technologies notamment en matière de santé.

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