CGV Entreprise Template for France

CGV Entreprise (Conditions Générales de Vente) are mandatory legal documents that govern commercial relationships between businesses in France. Under French law, specifically article L.441-1 of the Code de commerce, any professional seller must communicate their general terms of sale to business clients before concluding transactions. These terms create a binding legal framework that protects both parties and ensures compliance with French commercial regulations.

When do you need this document?

You need CGV Entreprise whenever you conduct business-to-business sales in France. This includes selling products or services to other companies, establishing supply relationships with distributors, or engaging in any commercial transaction where you are the vendor. French law requires these terms to be provided before any negotiation begins, making them essential for manufacturers, wholesalers, service providers, and any business selling to professional clients. They are particularly crucial when establishing recurring commercial relationships or high-value transactions where clear terms prevent future disputes.

Key legal considerations

Your CGV must include specific mandatory clauses under French law. Payment terms are critical - you must specify payment deadlines (maximum 30 days for public entities, 60 days for private companies), late payment penalties, and the fixed recovery compensation of €40. Price conditions must be clearly defined, including how and when prices may be revised. Delivery terms should specify timeframes, risk transfer points, and liability for delays. Force majeure clauses protect against unforeseeable circumstances, while reservation of title clauses protect your ownership until full payment. The document must also address order modification procedures, cancellation policies, and dispute resolution mechanisms. Failure to include these elements can result in legal penalties and weakened contractual positions.

Legal requirements in France

French commercial law imposes strict requirements on CGV Entreprise. The Code de commerce mandates that these terms be communicated systematically to all business clients, and they must be written in French when dealing with French entities. The Loi de Modernisation de l'Économie (LME) reinforces transparency obligations and penalties for non-compliance. Your CGV must respect European Directive 2011/7/EU regarding late payments in commercial transactions. Additionally, certain consumer protection principles from the Code de la consommation may apply to small business clients. The terms must be reasonable and not create significant imbalances between parties. Courts can invalidate abusive clauses, so ensuring fairness while protecting your interests is essential. Regular updates are necessary to maintain compliance with evolving regulations and court decisions.