Introduction
You have launched your business, developed your offer, and now you sell your products or services. But have you really thought about protecting that commercial relationship with compliant general terms and conditions of sale (CGV)?
Belgian entrepreneurs ask themselves the question every day. Many discover too late that having no terms and conditions, or non-compliant ones, costs dearly. Disputes multiply, complaints become hard to dismiss and the director's liability is exposed.
In Belgium, general terms and conditions are not an optional document: they are the rules that frame your relationship with your customers. They define everyone's rights and obligations. They protect you against abuse and misunderstandings. Whether you sell online, in a shop or by mail order, whether B2C (consumers) or B2B (businesses), your terms and conditions must meet strict legal requirements.
This article guides you step by step. The goal: compliant, enforceable terms and conditions, adapted to your activity, that hold up the day a customer challenges them.
Why your pre-contractual information duties make terms and conditions indispensable
The legal framework: Code of Economic Law and Book VI
In Belgium, there is no single legal provision formally requiring you to draft a document entitled "general terms and conditions". On the other hand, the Code of Economic Law (CDE) imposes strict pre-contractual information duties: article VI.2 CDE for contracts concluded face to face, and articles VI.45 et seq. CDE for distance contracts. General terms and conditions are the most effective and safest vehicle for complying with them.
The CDE lays down a fundamental principle: businesses must make clear, honest and easily accessible information available to consumers before any sales contract is concluded. This information includes:
- The seller's identity
- The main characteristics of the good or service
- The total price (VAT included)
- The payment and delivery terms
- The conditions for exercising the right of withdrawal
- The arrangements for handling complaints
General terms and conditions are therefore much more than an administrative formality: they are the written reflection of your legal commitment to your customers.
Protecting your civil liability
Without terms and conditions, you are exposed to divergent interpretations of your commitments. If a dispute arises, an ambiguous clause often turns against the person who drafted it. Clear and lawful terms and conditions, on the other hand, help you to:
- Define precisely what you sell and what you do not sell
- Cap your liability in the event of damage
- Exclude certain warranty conditions
- Choose the governing law and the competent court in the event of a dispute
Mandatory particulars in B2C (consumers)
Right of withdrawal: the consumer's 14 days
If you sell to consumers (B2C), in particular online, you must explicitly inform them of the right of withdrawal of 14 calendar days (art. VI.47 CDE). This right exists by law for distance contracts.
Points to cover:
- Period: for goods, 14 days from taking physical possession; for services, 14 days from the conclusion of the contract
- Procedure: how does one withdraw? (form, email, letter)
- Costs: who pays the return costs?
- Refund: the business refunds within 14 days of being notified of the withdrawal
- Exceptions: some goods cannot be returned under the right of withdrawal (personalised goods, perishable foodstuffs, etc.)
Tip: include a standard withdrawal form directly in your terms and conditions.
Legal guarantee of conformity
The legal guarantee of conformity in Belgium runs for 2 years from delivery. This guarantee is mandatory: you cannot exclude it by contract.
Dispute resolution and mediation
The Belgian framework for the out-of-court resolution of consumer disputes rests on Book XVI of the Code of Economic Law. The European online dispute resolution (ODR) platform was discontinued by Regulation (EU) 2024/3228: remove from your terms and conditions the link and the statement that referred to it.
At a minimum, you must:
- Give the contact details of the sector ombudsman (if there is one)
- Specify the procedure for contacting customer service
Full identification of the seller
A basic obligation, but often botched: identify yourself clearly:
- Company name and legal form (SRL, SA, etc.)
- Enterprise number (BCE/KBO) and Belgian VAT number
- Address of the registered office
- Contact telephone number and email address
Differences between B2B and B2C terms and conditions
B2C: more mandatory legal protections
When selling to consumers, you must comply with enhanced protection rules. The Code of Economic Law is very prescriptive.
Examples of invalid B2C clauses:
- "The right of withdrawal does not apply" (distance selling): unlawful
- "The legal guarantee is excluded": unlawful
- "No refund in the event of a lack of conformity": unlawful
B2B: more contractual flexibility
Between professionals, terms and conditions are more flexible. The statutory right of withdrawal does not apply. You can negotiate the sharing of risks in the event of force majeure, restrictive liability clauses and customised warranty periods.
Caution: the concept of "consumer" is strict in Belgian law (art. I.1, 2° CDE). But since the law of 4 April 2019, businesses are protected against unfair terms between themselves (art. VI.91/1 et seq. CDE).
Clauses to include
Limitation of liability
This is the most important clause for protecting yourself. It must specify:
- Which damage is excluded: indirect damage, loss of profits, loss of customers
- A cap: for example, limiting your liability to the sale price
- Exceptions: the law prohibits certain exclusions of liability, more broadly still towards a consumer. Have the clause checked
Force majeure
Define what releases you from liability in the event of an unforeseeable event: natural disasters, pandemics, strikes, supplier interruptions, major IT failure.
Governing law and competent court
Always specify the governing law ("This contract is governed by Belgian law") and the competent court. In B2B, you have more freedom. In B2C, consumer protection rules limit this choice.
Intellectual property and copyright
If you supply content, specify that it is protected by copyright. The customer may only use it within the limits set by the contract.
Common mistakes to avoid at all costs
Mistake 1: Copy and paste without adaptation
Many entrepreneurs download a competitor's terms and conditions and copy them as they are. Serious mistake: those terms do not match your activity, your sector or your legal structure. They may contain clauses that are invalid under Belgian law.
Mistake 2: Terms never updated
You drafted your terms and conditions in 2018? They are probably obsolete. Audit them once a year, at least.
Mistake 3: Clauses that contradict Belgian law
Example: entirely excluding the legal guarantee in B2C. Such clauses are void by operation of law.
Mistake 4: Not enforceable
Even carefully drafted terms and conditions only protect you if the customer explicitly accepts them.
Mistake 5: Overly complex language
Terms and conditions written in impenetrable legal jargon do not protect the consumer. And an ambiguous clause risks being read against the person who drafted it.
How to make your terms and conditions enforceable
Case 1: Online sales (e-commerce)
- Publish your terms and conditions on a dedicated and easily accessible page
- Before confirming the order, the customer must tick a box confirming that they have read and accepted the terms and conditions
- Keep a record of this acceptance: date, time, customer's IP address
Case 2: Offline or B2B sales
- Hand the customer a paper document or send an email setting out the terms and conditions
- Ask for an explicit signature or a confirmation email
- If the customer refuses to sign, document that refusal
Case 3: Online services (SaaS, agencies, freelancers)
- Integrate the terms and conditions into the sign-up form
- Make acceptance mandatory to create an account
- For future changes, send an email notification and ask for a new acceptance
FAQ: Your questions on terms and conditions in Belgium
Are general terms and conditions mandatory in Belgium?
There is no single provision formally requiring a document entitled "general terms and conditions". On the other hand, the Code of Economic Law imposes pre-contractual information duties that must be communicated clearly to the customer before the contract is concluded. In practice, general terms and conditions are the most effective and safest way to comply with these duties.
Can I copy a competitor's terms and conditions?
The question of copyright protection is nuanced. Terms and conditions that merely reproduce statutory provisions are generally not protectable. But in practice, copying a competitor's terms and conditions is a bad idea in every case, because they do not match your activity. It is preferable to have your terms and conditions drafted by a legal professional.
What is the difference between terms of sale (CGV) and terms of use (CGU)?
CGV (general terms and conditions of sale): govern the relationship between a seller and a buyer: price, delivery, payment, warranty, withdrawal.
CGU (general terms and conditions of use): govern access to a service (website, application, platform): sign-up conditions, usage rights, liability, personal data.
An e-commerce website needs terms of use (for access to the site) AND terms of sale (for the sale). Tip: do not merge the two documents.
How much does it cost to have terms and conditions drafted by a lawyer?
The price depends on the complexity of your activity and your sector. At the firm, drafting general terms and conditions falls under the "Draft" range, from 1,400 to 2,300 euros excl. VAT. The details are on the contracts page.
Conclusion and next steps
Compliant terms and conditions are the legal foundation of your commercial activity. They protect you, they protect your customers, and they clarify mutual expectations.
The points to remember:
- Pre-contractual information duties make terms and conditions indispensable in Belgium (Code of Economic Law, Book VI)
- In B2C, you must mention the right of withdrawal (14 days), the legal guarantee (2 years) and the dispute resolution arrangements
- Limitation of liability, force majeure and governing law clauses should be included
- Your terms and conditions must be enforceable: the customer must accept them explicitly
- Avoid the traps: no copy and paste, regular updates, clear language
Do you have specific questions about your terms and conditions? Would you like to check that your existing contract is up to date?
At the same time, if you sell online and collect data, also provide for a GDPR-compliant privacy policy. See the GDPR compliance and external DPO page.
This article is provided for information purposes and does not constitute personalised legal advice. For a precise assessment of your specific needs, consult a lawyer.
Translated from the French original published on 1 April 2026. The analysis concerns Belgian and European Union law. Read the French original.