Terms and Conditions in Germany

German Contract Lawyers

Terms and Conditions in Germany

German Contract Lawyers

When creating contracts in Germany, having the support of terms and conditions lawyers is crucial. At Schlun & Elseven Rechtsanwälte, our lawyers understand the value of robust T&Cs in today’s complex business landscape and strive to deliver tailored solutions that align with our clients’ specific needs and objectives. We are dedicated to providing our private and business clients comprehensive legal services. Whether you are a startup, an established company, or an individual seeking guidance on T&Cs matters, our firm is committed to delivering exceptional legal counsel and achieving favourable outcomes.

We provide full-service solutions across legal areas in Germany. Please, do not hesitate to contact our team directly for specialised support.

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Our Services

  • Contract negotiations

  • Contract preparation and review
  • Employment contracts

  • Enforcement and assertion of rights and claims from contracts
  • Examination of compliance with AGB law
  • Financing and leasing agreement

  • Industrial property rights – licence agreements, transfer agreements
  • Law on contracts for work and services
  • Online contracts – imprint, terms and conditions, cancellation policy

  • Partnership and company purchase agreements
  • Sales contract laws

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 an 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 the following:

  • 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 clauses relating to any advertising appearing 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 in Germany

A contract terms and conditions breach 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 when one party fails to perform their duties on time or fails to achieve them entirely. Your contracts should have clauses 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 contract violation may result in the cancellation of the contract. The nature of the remedy will depend on the contract type and the breach form.

As a breach of 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 inevitable conflicts in a binding arbitration setting instead of 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 succeed, and mechanisms to sell goods online are 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 data controller or processor role, 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.