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CERNOLAW FIRM

Commercial law

Compliant terms and conditions in Luxembourg: what your terms of sale must contain

22 March 2026 · 6 min

Making your terms and conditions enforceable

Terms and conditions only have value if the customer was able to read them and accept them before the contract was concluded. Otherwise, they are unenforceable.

The methods of acceptance depend on the sales channel (shop, website, B2B).

The essential clauses

Price and payment terms, deadlines, retention of title, limitation of liability, warranties and jurisdiction clause: these elements directly protect your business.

A clear payment clause, coupled with penalties, makes subsequent recovery easier.

E-commerce and B2C: enhanced obligations

Online sales and sales to consumers impose specific information requirements, in particular on pre contractual information and the right of withdrawal.

B2B and B2C terms and conditions therefore cannot be identical.

This article is general information and does not constitute legal advice. For advice tailored to your situation, request a consultation.

FAQ

Frequently asked questions

Are terms and conditions mandatory in B2B?

They are not required in B2B but strongly recommended. In B2C and e-commerce, mandatory information requirements apply.

Can I reuse another company's terms and conditions?

That is risky: terms and conditions not tailored to your activity may be unenforceable or non compliant.

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