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As a self-employed professional, you are not required to have general terms and conditions, but without them, only statutory rules apply — and these often work to your disadvantage. For example, your liability is broader and you lack agreements regarding payment, delivery times, and ownership.
No conditions, but risk
The absence of general terms and conditions does not result in a penalty. You only notice the problem when things go wrong: without your own terms and conditions, you fall back on the statutory rules of the Civil Code, which do not provide the protection you could have arranged yourself.
Broader liability
Without a limitation of liability, you are in principle liable for the full damage resulting from an error, including consequential damage. With proper terms and conditions, you could have limited that liability within legal limits, for example to the invoice amount.
No control over payment and delivery
You lack agreements regarding payment terms, interest for late payment, delivery times, and what happens in the event of cancellation. As a result, you are in a weaker position in the event of non-payment and disputes, and you must constantly fall back on the statutory standard.
What you do need to arrange regarding consumers
If you supply to consumers, you have an obligation to provide information in any case. Good general terms and conditions help you comply with this and simultaneously protect you against unnecessary risks. For most freelancers, a tailored set is a small investment with a large return.
Frequently Asked Questions
Are general terms and conditions mandatory for self-employed professionals?
No, but without conditions, only the statutory rules apply, which often turn out to be more disadvantageous for you.
What is the biggest risk without conditions?
Broader liability and the absence of agreements regarding payment, delivery times, and cancellation.
Is a set of conditions worthwhile for a small freelancer?
Yes. It is a small investment that protects you against major risks and makes you stronger in disputes.
General terms and conditions for your self-employed business?
Our legal experts draft general terms and conditions for freelancers and perform a terms and conditions scan. Schedule a free consultation.