This Customer Contract template is designed for businesses operating in Germany who need to establish legally compliant contractual relationships with individual consumers. It incorporates all mandatory requirements under German civil law (BGB), consumer protection regulations, and EU directives (including GDPR). The document is particularly relevant for businesses engaged in both traditional and online commerce, providing comprehensive coverage of service/product delivery, consumer rights, data protection, and payment terms. The template includes specific provisions required by German law such as withdrawal rights (Widerrufsrecht) and transparent pricing information, while maintaining flexibility to accommodate various business models and sectors. It should be used whenever a business enters into a contractual relationship with individual consumers in Germany.
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1. Parties: Identification of the business (including registration details as required by German law) and the customer
2. Background: Context of the agreement and general purpose
3. Definitions: Clear definitions of key terms used throughout the contract
4. Subject Matter of Contract: Clear description of products/services being provided
5. Scope of Services: Detailed description of what is included and excluded in the service/product offering
6. Prices and Payment Terms: Clear pricing structure, payment methods, and terms including VAT information
7. Delivery Terms: Delivery conditions, timeframes, and associated responsibilities
8. Right of Withdrawal: Mandatory section detailing the customer's right to withdraw (Widerrufsrecht) as per German consumer law
9. Warranty Rights: Statutory warranty rights and any additional warranties offered
10. Liability: Limitations and scope of liability in accordance with German law
11. Data Protection: GDPR-compliant data protection and privacy terms
12. Term and Termination: Duration of contract and termination provisions
13. Final Provisions: Including governing law, jurisdiction, and severability clause
1. Service Levels: Include when specific performance metrics and service standards need to be defined
2. Intellectual Property Rights: Include when IP rights are relevant to the products/services
3. Confidentiality: Include when sensitive information will be exchanged
4. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
5. Insurance: Include when specific insurance requirements need to be specified
6. Compliance with Laws: Include when specific regulatory compliance needs to be addressed
7. Subcontractors: Include when the use of subcontractors needs to be addressed
8. Quality Assurance: Include for products or services with specific quality requirements
1. Price List: Detailed breakdown of prices and payment terms
2. Service Specification: Detailed technical or service specifications
3. Service Level Agreement: Specific performance metrics and related penalties/bonuses
4. Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Withdrawal Form: Standard form for customer withdrawal from contract
6. Product Description: Detailed description of products including technical specifications
7. Contact Details: List of key contacts and escalation procedures
8. General Terms and Conditions: Standard terms and conditions in compliance with AGB-Recht
Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Software and Technology
Professional Services
Manufacturing
Consumer Goods
Telecommunications
Financial Services
Healthcare
Education
Hospitality
Transportation and Logistics
Relevant Teams
Legal
Compliance
Commercial
Sales
Customer Service
Operations
Risk Management
Data Protection
Business Development
Administration
Relevant Roles
Legal Counsel
Compliance Officer
Commercial Director
Sales Manager
Customer Service Manager
Business Development Manager
Operations Manager
Contract Administrator
Risk Manager
Chief Legal Officer
Head of Commercial
Managing Director
Chief Executive Officer
Data Protection Officer
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