The Online Purchase Contract serves as a fundamental legal framework for e-commerce transactions in Germany, essential for any business conducting online sales to German consumers. This document is specifically designed to comply with German Civil Code (BGB) requirements, particularly §§ 312 et seq. regarding distance selling, and incorporates necessary elements from the Telemedia Act (TMG) and EU GDPR regulations. It should be used whenever a business establishes an online retail presence targeting German consumers, ensuring proper disclosure of statutory rights, clear pricing information, delivery terms, and withdrawal rights. The contract also addresses digital goods and services requirements, making it adaptable for various online retail scenarios while maintaining legal compliance.
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1. Parties: Identification of the seller (company details including registration number, address, authorized representatives) and the buyer
2. Background: Brief context explaining this is an online purchase agreement for goods/services through the seller's online platform
3. Definitions: Key terms used throughout the agreement including 'Products', 'Platform', 'Order', 'Delivery', etc.
4. Order Process: Step-by-step description of how orders are placed, confirmed, and processed
5. Prices and Payment: Information about product prices, additional costs, payment methods, and terms
6. Delivery: Delivery terms, timeframes, costs, and conditions
7. Right of Withdrawal: Detailed information about the 14-day right of withdrawal under German law, including conditions and process
8. Warranty Rights: Statutory warranty rights and process for defective products
9. Data Protection: Basic information about data processing with reference to detailed privacy policy
10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction
1. Digital Content: Required when selling digital products or content, including specific requirements for digital goods under German law
2. Age Restrictions: Required when selling age-restricted products like alcohol or adult content
3. Subscription Terms: Required for products sold on a subscription basis, including cancellation terms
4. Return Costs: Optional section detailing who bears the costs of returns, if the seller wishes to pass these to the customer
5. Retention of Title: Optional clause reserving seller's title until full payment, particularly relevant for high-value items
1. Model Withdrawal Form: Mandatory form for consumer withdrawal rights as required by German law
2. Price List: Detailed price information including shipping costs to different regions
3. Product Specifications: Detailed technical specifications or descriptions of products
4. Returns Policy: Detailed process and conditions for returning products
5. Privacy Policy: Detailed privacy policy compliant with GDPR requirements
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