General terms and conditions of online sales template
The definition of the general terms and conditions of sale are mandatory for any business, it is a contract between you and your customer to frame the sale of a product. It defines what the purchase implies (refund, withdrawal, delivery).
General terms and conditions of sales
Article 1 - Identity of the seller
Article 2 - General conditions
Article 3 - Delivery
Article 4 - Prices
Article 5 - Viewing period / right of withdrawal
Article 6 - Data management
Article 7 - Warranty
Article 8 - Offers
Article 9 - Agreements
Article 10 - Images and specifications
Article 11 - Force majeure
Article 12 - Liability
Article 13 - Retention of title
Article 14 - Identity of the seller
Article 1 - Identity seller
[merchant name]
[merchant address]
Email: [email]
IBAN: [iban number]
VAT: [vat number]
Article 2 - General
2.1 These general terms and conditions apply to all offers of [merchant name].
The conditions are accessible to everyone and included on the internet site
2.2 By placing an order you indicate that you agree with the delivery and payment conditions. [merchant name] reserves the right to change its pickup, delivery and / or payment conditions after the expiry of the term.
2.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by [merchant name].
2.4 [merchant name] guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
Article 3 - Delivery
3.1 Delivery takes place while stocks last.
3.2 Under the rules of the Distance Selling Act, [merchant name] will execute orders within 14 working days.
If this is not possible (because the ordered item is out of stock or no longer available), there is a delay for other reasons or an order cannot be executed, or only partially, the consumer will receive an order within one month after placing the order. message and in that case he has the right to cancel the order without costs and notice of default.
3.3 The place of delivery is the address that the consumer has made known to [merchant name].
3.4 The delivery obligation of [merchant name] will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by [merchant name] have been offered to the customer once. For home delivery, the carrier's report, alleging the refusal of acceptance, serves as full proof of the offer to deliver.
3.5 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
Article 4 - Prices
4.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or the manufacturer implements interim price increases.
4.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
4.3 All prices on the site are in Euros and include 21% VAT.
Article 5 - Viewing period / right of withdrawal
5.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 BW), the customer has the right to return (part of) the goods delivered within a period of 14 working days without giving any reason. This period starts when the ordered items have been delivered. If the customer has not returned the delivered goods to [merchant name] after this period has expired, the purchase is a fact. The customer is obliged, before proceeding to return, to notify [merchant name] in writing within the period of 14 days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation TAGS) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions of the previous sentence, [merchant name] will ensure that the full purchase amount excluding the shipping costs incurred is refunded to the customer within 14 working days after receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the customer.
5.2 The right of withdrawal does not apply to: - Services of which the performance, with the consent of the consumer, has started for a period of seven working days. - Goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence. - Goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character. - For goods or services that cannot be returned due to their nature, for example i.v.m. hygiene or that can spoil or age quickly. - Audio and video recordings and computer software of which the consumer has broken the seal. - The delivery of newspapers and magazines; for the services of betting and lotteries.
5.3 If the consumer makes use of his right of withdrawal, the costs for return shipment will be borne by the consumer.
Article 6 - Data management
6.1 If you place an order with [merchant name], your data will be included in the customer database. [merchant name] adheres to the Data Protection Act and will not provide your information to third parties. See the PRIVACY POLICY.
6.2 [merchant name] respects the privacy of the users of the internet site and ensures confidentiality of your personal information.
Article 7 - Warranty
7.1 [merchant name] guarantees that the products it delivers meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and thus guarantees the manufacturer's warranty of the product delivered to you.
7.2 The warranty period of [merchant name] corresponds to the factory warranty period. However, [merchant name] is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
7.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return it to [merchant name]) must immediately report these defects in writing to [merchant name]. Any defects or incorrectly delivered goods must and can be reported in writing to [merchant name] no later than 14 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, completely voids this right to complain and return.
7.4 If complaints from the customer are found to be justified by [merchant name], [merchant name] will, at its option, replace the delivered goods free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of [merchant name] and therefore the amount of the compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the option of [merchant name]) to the maximum in the relevant case by the claimant
7.4 If complaints from the customer are found by [merchant name], [merchant name] will, at its option, replace the goods delivered free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of [merchant name] and therefore the amount of compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the option of [merchant name]) to the maximum in the relevant case by the liability insurance of [merchant name] amount covered. Any liability of [merchant name] for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
7.5 [merchant name] is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
7.6 This guarantee does not apply if: A) and as long as the customer is in default towards [merchant name]; B) the customer has repaired and / or processed the delivered goods himself or has them repaired and / or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of [merchant name] and / or instructions on the packaging; D) the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 8 - Offers
8.1 Offers are without obligation, unless stated otherwise in the offer.
8.2 Upon acceptance of a non-binding offer by the buyer, [merchant name] reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.
8.3 Verbal commitments only bind [merchant name] after they have been explicitly confirmed in writing.
8.4 Offers from [merchant name] do not automatically apply to repeat orders. These are only available temporarily or until when stated.
8.5 [merchant name] cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
8.6 Additions, changes and / or further agreements are only valid if agreed in writing.
Article 9 - Agreement
9.1 An agreement between [merchant name] and a customer is concluded after an order assignment by [merchant name] has been assessed for feasibility.
9.2 [merchant name] reserves the right not to accept orders or assignments without stating reasons or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.
9.3 Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 working days after delivery of the good to the address of [merchant name].
Article 10 - Images and specifications
10.1 All images; photos, drawings, etc.; Among other things, data regarding weights, dimensions, colors, images of labels, etc. on the website of [merchant name] are only approximate, are indicative and cannot lead to compensation or dissolution of the agreement.
Article 11 - Force majeure
11.1 [merchant name] is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
11.2 Force majeure means any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in the supply, negligence of suppliers and / whether manufacturers of as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
11.3 [merchant name] reserves the right in case of force majeure to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement is amended in such a way that execution remains possible. . Under no circumstances is [merchant name] obliged to pay any fine or compensation.
11.4 If [merchant name] has already partially fulfilled its obligations when the force majeure commences, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately and the customer is obliged to pay this invoice. as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 12 - Liability
12.1 [merchant name] is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and / or consult our website.
Article 13 - Retention of title
13.1 Ownership of all goods sold and delivered by [merchant name] to the customer remains with [merchant name] as long as the customer has not paid the claims of [merchant name] under the agreement or earlier or later similar agreements, as long as the customer has not yet paid the work performed or still to be performed under this or similar agreements and as long as the customer has not yet paid the claims of [merchant name] due to failure to fulfill such obligations, including claims in this regard fines, interest and costs.
13.2 The goods delivered by [merchant name] that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
13.3 The customer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
13.4 The customer now gives unconditional and irrevocable permission to [merchant name] or a third party to be appointed by [merchant name] to, in all cases where [merchant name] wishes to exercise its ownership rights, to enter all those places where its belongings will then be located and to take those goods there.
13.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform [merchant name] as soon as can reasonably be expected.
13.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to [merchant name] on first request.
Article 1 - Identity of the seller
Article 2 - General conditions
Article 3 - Delivery
Article 4 - Prices
Article 5 - Viewing period / right of withdrawal
Article 6 - Data management
Article 7 - Warranty
Article 8 - Offers
Article 9 - Agreements
Article 10 - Images and specifications
Article 11 - Force majeure
Article 12 - Liability
Article 13 - Retention of title
Article 14 - Identity of the seller
Article 1 - Identity seller
[merchant name]
[merchant address]
Email: [email]
IBAN: [iban number]
VAT: [vat number]
Article 2 - General
2.1 These general terms and conditions apply to all offers of [merchant name].
The conditions are accessible to everyone and included on the internet site
2.2 By placing an order you indicate that you agree with the delivery and payment conditions. [merchant name] reserves the right to change its pickup, delivery and / or payment conditions after the expiry of the term.
2.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by [merchant name].
2.4 [merchant name] guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
Article 3 - Delivery
3.1 Delivery takes place while stocks last.
3.2 Under the rules of the Distance Selling Act, [merchant name] will execute orders within 14 working days.
If this is not possible (because the ordered item is out of stock or no longer available), there is a delay for other reasons or an order cannot be executed, or only partially, the consumer will receive an order within one month after placing the order. message and in that case he has the right to cancel the order without costs and notice of default.
3.3 The place of delivery is the address that the consumer has made known to [merchant name].
3.4 The delivery obligation of [merchant name] will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by [merchant name] have been offered to the customer once. For home delivery, the carrier's report, alleging the refusal of acceptance, serves as full proof of the offer to deliver.
3.5 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
Article 4 - Prices
4.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or the manufacturer implements interim price increases.
4.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
4.3 All prices on the site are in Euros and include 21% VAT.
Article 5 - Viewing period / right of withdrawal
5.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 BW), the customer has the right to return (part of) the goods delivered within a period of 14 working days without giving any reason. This period starts when the ordered items have been delivered. If the customer has not returned the delivered goods to [merchant name] after this period has expired, the purchase is a fact. The customer is obliged, before proceeding to return, to notify [merchant name] in writing within the period of 14 days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation TAGS) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions of the previous sentence, [merchant name] will ensure that the full purchase amount excluding the shipping costs incurred is refunded to the customer within 14 working days after receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the customer.
5.2 The right of withdrawal does not apply to: - Services of which the performance, with the consent of the consumer, has started for a period of seven working days. - Goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence. - Goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character. - For goods or services that cannot be returned due to their nature, for example i.v.m. hygiene or that can spoil or age quickly. - Audio and video recordings and computer software of which the consumer has broken the seal. - The delivery of newspapers and magazines; for the services of betting and lotteries.
5.3 If the consumer makes use of his right of withdrawal, the costs for return shipment will be borne by the consumer.
Article 6 - Data management
6.1 If you place an order with [merchant name], your data will be included in the customer database. [merchant name] adheres to the Data Protection Act and will not provide your information to third parties. See the PRIVACY POLICY.
6.2 [merchant name] respects the privacy of the users of the internet site and ensures confidentiality of your personal information.
Article 7 - Warranty
7.1 [merchant name] guarantees that the products it delivers meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and thus guarantees the manufacturer's warranty of the product delivered to you.
7.2 The warranty period of [merchant name] corresponds to the factory warranty period. However, [merchant name] is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
7.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return it to [merchant name]) must immediately report these defects in writing to [merchant name]. Any defects or incorrectly delivered goods must and can be reported in writing to [merchant name] no later than 14 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, completely voids this right to complain and return.
7.4 If complaints from the customer are found to be justified by [merchant name], [merchant name] will, at its option, replace the delivered goods free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of [merchant name] and therefore the amount of the compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the option of [merchant name]) to the maximum in the relevant case by the claimant
7.4 If complaints from the customer are found by [merchant name], [merchant name] will, at its option, replace the goods delivered free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of [merchant name] and therefore the amount of compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the option of [merchant name]) to the maximum in the relevant case by the liability insurance of [merchant name] amount covered. Any liability of [merchant name] for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
7.5 [merchant name] is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
7.6 This guarantee does not apply if: A) and as long as the customer is in default towards [merchant name]; B) the customer has repaired and / or processed the delivered goods himself or has them repaired and / or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of [merchant name] and / or instructions on the packaging; D) the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 8 - Offers
8.1 Offers are without obligation, unless stated otherwise in the offer.
8.2 Upon acceptance of a non-binding offer by the buyer, [merchant name] reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.
8.3 Verbal commitments only bind [merchant name] after they have been explicitly confirmed in writing.
8.4 Offers from [merchant name] do not automatically apply to repeat orders. These are only available temporarily or until when stated.
8.5 [merchant name] cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
8.6 Additions, changes and / or further agreements are only valid if agreed in writing.
Article 9 - Agreement
9.1 An agreement between [merchant name] and a customer is concluded after an order assignment by [merchant name] has been assessed for feasibility.
9.2 [merchant name] reserves the right not to accept orders or assignments without stating reasons or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.
9.3 Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 working days after delivery of the good to the address of [merchant name].
Article 10 - Images and specifications
10.1 All images; photos, drawings, etc.; Among other things, data regarding weights, dimensions, colors, images of labels, etc. on the website of [merchant name] are only approximate, are indicative and cannot lead to compensation or dissolution of the agreement.
Article 11 - Force majeure
11.1 [merchant name] is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
11.2 Force majeure means any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in the supply, negligence of suppliers and / whether manufacturers of as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
11.3 [merchant name] reserves the right in case of force majeure to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement is amended in such a way that execution remains possible. . Under no circumstances is [merchant name] obliged to pay any fine or compensation.
11.4 If [merchant name] has already partially fulfilled its obligations when the force majeure commences, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately and the customer is obliged to pay this invoice. as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 12 - Liability
12.1 [merchant name] is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and / or consult our website.
Article 13 - Retention of title
13.1 Ownership of all goods sold and delivered by [merchant name] to the customer remains with [merchant name] as long as the customer has not paid the claims of [merchant name] under the agreement or earlier or later similar agreements, as long as the customer has not yet paid the work performed or still to be performed under this or similar agreements and as long as the customer has not yet paid the claims of [merchant name] due to failure to fulfill such obligations, including claims in this regard fines, interest and costs.
13.2 The goods delivered by [merchant name] that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
13.3 The customer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
13.4 The customer now gives unconditional and irrevocable permission to [merchant name] or a third party to be appointed by [merchant name] to, in all cases where [merchant name] wishes to exercise its ownership rights, to enter all those places where its belongings will then be located and to take those goods there.
13.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform [merchant name] as soon as can reasonably be expected.
13.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to [merchant name] on first request.