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Terms Of Sale Agreement
"I need a Terms of Sale Agreement under German law for my e-commerce business selling luxury watches to both retail and wholesale customers across the EU, with specific focus on consumer protection and cross-border shipping requirements."
1. Parties: Identification of the seller and buyer, including full legal names, addresses, and registration details if companies
2. Background: Brief context explaining the purpose of the agreement and the business relationship
3. Definitions: Key terms used throughout the agreement defined for clarity and consistency
4. Scope of Application: Establishes that these terms apply to all business transactions between the parties
5. Order and Acceptance Process: Details on how orders are placed, confirmed, and become binding contracts
6. Prices and Payment Terms: Pricing structure, payment methods, due dates, and late payment consequences
7. Delivery Terms: Delivery conditions, timeframes, shipping costs, and transfer of risk
8. Title Retention: Provisions regarding retention of title until full payment (Eigentumsvorbehalt)
9. Warranty and Liability: Warranty terms, liability limitations, and claims process in accordance with German law
10. Force Majeure: Circumstances exempt from liability and process for handling such situations
11. Term and Termination: Duration of the agreement and conditions for termination
12. Governing Law and Jurisdiction: Specification of German law application and competent courts
1. Data Protection: Required when personal data is processed, detailing GDPR compliance measures
2. Export Control: Necessary for international sales or products subject to export restrictions
3. Quality Requirements: Relevant for specific industries or products requiring quality standards
4. Intellectual Property Rights: Important when selling products with IP components or licensed materials
5. Consumer Rights: Mandatory when selling to consumers, including withdrawal rights
6. Electronic Commerce: Required for online sales, including specific e-commerce regulations
1. Price List: Detailed pricing information for products or services
2. Product Specifications: Technical details and specifications of products
3. Delivery Zones and Costs: Breakdown of delivery areas and associated shipping costs
4. Return Policy: Detailed procedures for returns and warranty claims
5. Data Processing Agreement: Required under GDPR if personal data is processed
6. Quality Standards: Specific quality requirements and standards for products
Authors
Retail
Manufacturing
E-commerce
Wholesale
Technology
Consumer Goods
Industrial Equipment
Automotive
Electronics
Food and Beverage
Pharmaceuticals
Construction Materials
Textiles
Software and Digital Products
Legal
Sales
Commercial
Compliance
Operations
Business Development
Risk Management
Customer Service
E-commerce
Supply Chain
Management
Legal Counsel
Commercial Director
Sales Manager
E-commerce Manager
Compliance Officer
Business Development Manager
Contract Manager
Chief Legal Officer
Head of Sales
Operations Manager
General Manager
Chief Executive Officer
Procurement Manager
Risk Manager
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