Handelsvillkor

Handelsvillkor, or terms of sale, are contractual provisions used in commercial transactions to govern the sale of goods and services. They define the rights and obligations of buyers and sellers and provide a framework for price, delivery, performance, risk transfer, and remedies in case of breach. A complete set of handelsvillkor typically covers price and currency, payment terms, delivery terms and schedules, transfer of risk, acceptance and inspection, warranties and liability, returns and refunds, and packaging and labeling. Additional topics may include force majeure, confidentiality, data protection, governing law, and dispute resolution. In international trade, delivery terms are frequently aligned with standardized incoterms to define when risk passes and who bears costs.

Application: Handelsvillkor are often embedded in standard templates used by sellers, especially in B2B relationships, and may be negotiated. For B2C sales they interact with consumer protection rules that can limit certain clauses or require specific disclosures. In many jurisdictions, terms cannot be unfair or non-transparent and may be reviewed by courts for enforceability.

Legal framework: The enforceability of handelsvillkor relies on contract law and applicable consumer protection legislation. Terms should be accessible before or at the time of contracting and drafted clearly to avoid ambiguity.

Drafting and enforcement: Best practices include using clear language, avoiding hidden terms, ensuring consistency with mandatory laws, and providing a copy of the terms to the other party. See also references to relevant national laws such as köplagen and konsumentköplagen in Sweden, Incoterms, and Unfair Contract Terms Directives.