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Terms and Conditions Lawyers Germany

When creating contracts in Germany, it is crucial to have the support of terms and conditions lawyers. To have contracts suitable for their purpose, your contract’s terms and conditions need to fulfil your company’s goals. Working with an experienced German contract lawyer is a reliable means of ensuring your contracts are fit for purpose and preventing unnecessary risk from arising.

Why Work with an Experienced Terms and Conditions Lawyer?

Having a German terms and conditions lawyer ensures that your company’s intent is part of the contracts agreed. Copying and pasting terms and conditions from other businesses is not an appropriate step as your company will have its own characteristics compared to other companies.  Although skim reading the terms and conditions may give the impression that these agreements all appear similar, this could not be further from the truth. Therefore, it is vital to remember that your terms and conditions need to suit the nature and needs of your business. Having experienced terms and conditions lawyers at hand is the best way to ensure that this occurs.

Schlun & Elseven Rechtsanwälte is a full-service law firm offices and conference room facilities in Cologne, Düsseldorf, Aachen, Berlin, Munich, Stuttgart, Frankfurt and Hamburg. Our lawyers provide comprehensive service across all areas of German law, and can be relied upon in times of difficulty. Our lawyers are available for once-off legal disputes and also, to provide comprehensive legal support on an ongoing basis. We would be pleased to present our extensive expertise in detail in a personal meeting. Our team supports clients worldwide in their interactions with German law, and we provide our services in English, German and other languages.

Our Services in the Field of Contract Law

Our terms and conditions lawyers provide a wide range of services in the field of contract law. When working with Schlun & Elseven Rechtsanwälte, you can expect high-quality service and thorough analysis. Here are just some of the services we offer:

  • Contract preparation and contract review
  • Examination of compliance with AGB law
  • Support with contract negotiations
  • Assertion and enforcement of rights and claims from contracts
  • Bringing about an effective termination of the contract
  • Termination agreements
  • Judicial and extrajudicial representation
  • Sales contract law
  • Law on contracts for work and services
  • Contract for work and services
  • Financing and leasing agreement
  • Employment contract
  • Partnership agreement and company purchase agreement
  • Drafting of contracts for continuing obligations
  • Conclusion of contract on the internet – review of the Internet presence (imprint, terms and conditions, cancellation policy, ordering procedures)
  • Contracts in industrial property rights (licence agreements, transfer agreements)

What do the Terms and Conditions apply to?

Terms and conditions apply to a wide variety of contractual elements. How far they cover will depend on your company’s intent, the nature of the industry, and the type of contract. Therefore, it is essential to remember that creating suitable terms and conditions means accurate analysis of your company and not merely copying and pasting the terms and conditions of other companies. However, some elements can be seen as almost universal and therefore, your terms and conditions should cover:

  • Payment procedures and deadlines: the form of payment your company accepts,
  • Actions in the event of non-payment: what your customers can expect should they refuse to pay,
  • Interest payments in the event of late payment,
  • Limitation of liability in certain circumstances,
  • Intellectual property rights,
  • Contact information,
  • Cancellation policy

If you seek to write the terms and conditions for using a website, you may need to have clauses relating to any advertising that may appear on your web page. This privacy policy may involve stating how the personal data of those visiting your website will be used. Suppose your company is an e-commerce business that relies on delivery. In that case, there will need to be clauses relating to how such goods are delivered and what happens if they do not arrive or are damaged upon arrival. Some companies will have clauses within the terms and conditions stating the preferred manner of resolving legal disputes.

Breach of Contract

A breach of the contract terms and conditions happens when one party (or more) of the contract do not fulfil their contractual obligations. Such violations can lead to legal disputes if they are sufficiently damaging. Such breach of contract can arise where one party fails to perform their duties on time or fails to perform them entirely. Your contracts should have clauses within them expressing the actions that will be taken in the event of such a breach of contract.

One solution is to provide clauses concerning damages whereby one party’s actions in breaching the contract have caused the other to suffer unnecessary financial loss. The party which has suffered from the breach in the contract can thus claim financial compensation from the other. Alternatively, a violation of the contract may result in the cancellation of the contract. The nature of the remedy will depend on the type of contract and the form of breach.

As a breach in the contract can result in legal action, your terms and conditions can also outline how such a dispute will be resolved. Companies may often seek to resolve certain conflicts in a binding arbitration setting as opposed to a formal courtroom. Arbitration proceedings will usually save time for the company as arbitration can lead to quicker resolutions of such matters.

Company Formation: T&C Check

Our lawyers provide comprehensive service with company formation in Germany and provide expert guidance regarding suitable business models. In determining whether to establish a GmbH (limited liability company) or another business form, our lawyers will ensure that your contracts and their terms and conditions are designed according to your enterprise’s goals. To fully benefit from what our law firm offers, entrepreneurs should strongly consider our Company Check service.

Our firm’s Company Check service is intended to save our clients time, energy and money by providing thorough due diligence. The Company Check process involves combining the information available through official registers and private data banks, and from there, the report is tailored to your individual business characteristics and goals. The data collected will be presented to you in a condensed and accessible form.

Terms and Conditions for Websites and e-Commerce

The world of e-commerce is growing as more people are buying goods online. Businesses require an online presence to be successful, and having mechanisms to sell goods online is necessary for many sectors. Your terms and conditions need to reach specified standards should you seek to allow your customers to use certain payment providers on your website.

Operating a website will usually result in obtaining the private data of customers. Therefore, your terms and conditions must state that your company follows GDPR rules. GDPR rules outline matters relating to your role as a data controller or processor, depending on the situation. A vague declaration may not be enough to prevent legal disputes from arising in the future.

The law in the field of e-commerce is changing as the industry grows. Regulation of new business areas can be slow to progress, but in the field of e-commerce, it is continuously evolving. Therefore, providing yourself with expert advice from German terms and conditions lawyers is key to continued growth and success in the field.

Important Considerations when Designing Terms and Conditions

When drafting terms and conditions for your contracts, the document’s structure must be laid out logically. It should be easy to follow, and the different parts should flow from each other. This structure will also help you should a dispute arise, as your company will find the appropriate sections with greater ease. Our German terms and conditions lawyers will ensure that your contracts are designed appropriately.

The terms and conditions should be clear and reasonable. Lack of clarity or deemed unreasonableness in the outline can result in difficulties in any legal disputes which may arise. Unreasonable clauses can include those which limit your liability in all circumstances. Contracts should also only include terms and conditions relevant to their purpose. Including terms and conditions that are unsuitable or incorrect does not provide any added legal protection.

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Practice Group: German Contract Law

Practice Group:
German Contract Law

Dr. Tim Schlun

Lawyer | Managing Partner

Aykut Elseven

Lawyer | Managing Partner

Dr. Thomas Bichat

Lawyer | Salary Partner

Verena Ziemes

Lawyer | Freelance

Contact a German Terms and Conditions Lawyer

Please use the contact form to inform us about your concerns regarding contract law as well as terms and conditions in Germany. After receiving your request, we will make a short preliminary assessment based on the information provided and give you a cost estimation. You are then free to decide whether you want to instruct our terms and conditions lawyers.