This Terms of Sale Agreement template is designed for use in commercial transactions governed by Belgian law. It serves as a comprehensive framework for businesses selling products or services in Belgium, whether to other businesses (B2B) or consumers (B2C). The document incorporates requirements from the Belgian Civil Code, the Code of Economic Law, and relevant EU regulations, particularly regarding consumer protection and data privacy. The agreement is essential for establishing clear terms of sale, including ordering procedures, pricing, delivery terms, warranties, and liability limitations. It should be customized based on the specific nature of the business, products or services offered, and whether the intended customers are businesses or consumers. The Terms of Sale Agreement is particularly important for compliance with Belgian consumer protection laws and e-commerce regulations, making it a crucial document for any business operating in the Belgian market.
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1. Parties: Identification and details of the seller and buyer, including legal status and registration details
2. Background: Context of the agreement and general business relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Overview of products/services covered by the terms of sale
5. Order Process: Procedures for placing and accepting orders, including order confirmation
6. Prices and Payment: Pricing terms, payment methods, payment timelines, and late payment consequences
7. Delivery Terms: Delivery conditions, timeframes, and transfer of risk according to Belgian law
8. Title and Risk: Transfer of ownership and risk provisions
9. Warranties and Representations: Standard warranties for products and legal compliance statements
10. Returns and Refunds: Policies and procedures for returns and refunds, including statutory rights
11. Limitation of Liability: Limitations on seller's liability in accordance with Belgian law
12. Force Majeure: Circumstances excusing performance of obligations
13. Term and Termination: Duration of agreement and termination conditions
14. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
15. General Provisions: Standard legal provisions including severability and entire agreement clauses
1. E-commerce Provisions: Additional terms for online sales, required when products are sold through a website or electronic platform
2. Consumer-Specific Terms: Additional protections and rights for consumer sales, required for B2C transactions
3. International Sales: Additional terms for cross-border sales, including export/import requirements
4. Intellectual Property: IP rights and licensing terms, needed when selling branded or proprietary products
5. Data Protection: GDPR compliance terms, required when collecting customer personal data
6. Quality Control: Specific quality standards and testing procedures, relevant for technical or specialized products
7. Installation Services: Terms for installation or assembly services, if offered with products
8. Maintenance and Support: Terms for ongoing maintenance or support services, if applicable
1. Product Specifications: Detailed technical specifications and descriptions of products
2. Price List: Current pricing information and any volume-based discounts
3. Delivery Zones and Charges: Breakdown of delivery areas and associated shipping costs
4. Service Level Agreement: Specific performance metrics and service standards
5. Returns Procedure: Detailed process for handling returns and claims
6. Warranty Terms: Detailed warranty conditions and claim procedures
7. Quality Standards: Specific quality requirements and testing procedures
8. Data Processing Terms: Detailed GDPR-compliant data processing terms and procedures
Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Manufacturing
Wholesale Trade
Consumer Goods
Technology
Electronics
Furniture
Automotive
Food and Beverage
Pharmaceuticals
Construction Materials
Fashion and Apparel
Industrial Equipment
Home and Garden
Relevant Teams
Legal
Sales
Commercial
Operations
Compliance
Customer Service
Contract Management
Business Development
E-commerce
Risk Management
Finance
Product Management
Relevant Roles
Legal Counsel
Commercial Director
Sales Manager
E-commerce Manager
Business Development Manager
Compliance Officer
Contract Manager
Operations Director
Chief Legal Officer
Chief Commercial Officer
Sales Operations Manager
Customer Service Manager
Procurement Manager
General Manager
Managing Director
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