First of all, it is important that you have general terms and conditions adapted to Belgian law that set out the rights and obligations of you and your customer or business partner. Well-drafted T&Cs can reduce the risks you face as an entrepreneur. For example, your T&Cs may contain provisions on liability, payment terms and guarantees, or provide for a retention of title. Many of these aspects are regulated differently in Belgium than in other countries.
In both B2B and B2C relationships, freedom of contract is restricted by Belgian legislation. In particular, contractual provisions must be clear, understandable and balanced. In addition, a number of clauses are expressly prohibited. We can help you draft or update your general terms and conditions in accordance with Belgian law.
In the case of cross-border transactions, it must also be taken into account that your Belgian business partners must have the opportunity to take note of the contractual provisions before the contract is concluded. Thus, in Belgium it is generally necessary to send the T&Cs to the contractual partner in advance of the conclusion of the transaction or to make them accessible in some other way. Ideally, the receipt of the T&Cs including the consent should be confirmed in writing. The burden of proof of the transmission of the T&Cs prior to the conclusion of the contract lies with the seller.
Pre-contractual information obligations
If you wish to enter into a commercial cooperation agreement with a Belgian partner – think of a distribution or agency agreement – you must also take into account the pre-contractual information obligations. These obligations include that you must inform your partner clearly and in detail about your service or product, target group, intended market, etc. We can provide you with a checklist of all the information you need to provide to your business partner.
Retention of title
Retention of title is a popular instrument of foreign companies to secure receivables when selling goods. This is because by agreeing to retention of title, ownership of the goods – despite delivery – does not pass to the buyer until the purchase price has been paid in full. If the buyer does not meet his payment obligation as agreed, the seller is entitled to reclaim the goods, which are still his property.