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Filing your general terms and conditions with the Chamber of Commerce or the court is not mandatory, but it is useful: it provides proof of the content and date, and is sometimes the only way to invoke your terms if prior delivery is not possible.
What is filing?
By filing, you register your general terms and conditions with the Chamber of Commerce or the registry of the court. It is not expensive and not mandatory, but it provides a recorded, dated version to which you can refer.
Proof of content and date
The greatest advantage is proof. Should a dispute arise later regarding which terms applied and what was contained therein, you can fall back on the filed version. This prevents a counterparty from claiming to have received a different version or no version at all.
Sometimes the only solution
Sometimes it is not possible to provide the terms and conditions before the conclusion of the agreement, for example in the case of quick or verbal transactions. Nevertheless, providing them is necessary to be able to invoke the terms and conditions later. In such cases, provided you mention this, you may refer to the filed terms and conditions and send them immediately upon request.
Depositing does not replace handing over
Please note: filing is not a substitute for delivery. Where possible, simply include the terms and conditions. Filing is a supplement that primarily offers proof and a fallback option.
Frequently Asked Questions
Am I required to file my terms and conditions?
No. Depositing is voluntary, but provides proof of the contents and date and can serve as a fallback option.
Does depositing replace handing over?
No. In principle, you must still provide the terms and conditions; filing is an addition.
When is filing particularly useful?
If prior delivery is not possible, such as in quick or verbal transactions, and as proof of the contents.
Want to properly arrange your general terms and conditions?
Our legal experts draft your general terms and conditions and perform a terms and conditions scan. View our contract lawteam or schedule a free consultation.