The Distance Contract template is specifically designed for businesses engaged in remote selling activities in the Netherlands. This document type is essential when goods or services are sold through online platforms, telephone, mail order, or any other means where parties are not physically present simultaneously. It incorporates all mandatory requirements under Dutch law, including the provisions of the Dutch Civil Code (Burgerlijk Wetboek) and EU Consumer Rights Directive. The Distance Contract must contain specific information about the trader, detailed product descriptions, pricing, delivery terms, and the consumer's right of withdrawal. It's particularly crucial for e-commerce businesses and other remote sellers to ensure compliance with Dutch consumer protection laws while maintaining clear and transparent terms of sale.
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1. Parties: Identification of the trader/business and the consumer, including full legal names, addresses, and relevant registration numbers
2. Background: Brief context explaining the nature of the distance contract and the goods/services being sold
3. Definitions: Key terms used in the agreement, including specific definitions required by Dutch law for distance contracts
4. Subject Matter of the Contract: Clear description of the products/services being sold, including all essential characteristics
5. Price and Payment: Total price including taxes, delivery costs, and payment methods accepted
6. Delivery: Delivery terms, timeframes, and methods of delivery
7. Right of Withdrawal: Detailed explanation of the 14-day cooling-off period and how to exercise withdrawal rights
8. Returns and Refunds: Process for returning goods and obtaining refunds
9. Trader's Obligations: Commitments regarding delivery, quality, and service standards
10. Consumer's Obligations: Requirements for acceptance, payment, and proper use of goods/services
11. Complaints Procedure: Process for filing and handling complaints
12. Liability: Extent and limitations of liability under Dutch law
13. Governing Law and Jurisdiction: Confirmation of Dutch law application and competent courts
1. Digital Content: Required when selling digital products or content, including specific provisions about compatibility and functionality
2. Subscription Terms: Required for recurring services or subscriptions, including duration and cancellation terms
3. Installation Services: Required when product installation is offered, including terms and conditions of installation
4. Warranty: Additional warranty terms beyond statutory requirements
5. Personal Data Processing: Required when personal data processing goes beyond basic contract fulfillment
6. Intellectual Property: Required when dealing with products or services involving IP rights
7. Force Majeure: Optional but recommended clause defining circumstances beyond parties' control
1. Product Specifications: Detailed technical specifications of products or services
2. Pricing Schedule: Detailed breakdown of prices, especially for multiple products or variable pricing
3. Withdrawal Form: Standard EU model withdrawal form as required by law
4. Returns Policy: Detailed procedures and conditions for returns
5. Privacy Notice: Detailed information about personal data processing
6. Delivery Terms: Specific delivery conditions and costs for different regions or products
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Digital Services
Software and Technology
Consumer Goods
Fashion and Apparel
Electronics
Home and Garden
Food and Beverage
Entertainment
Education
Subscription Services
Telecommunications
Professional Services
Relevant Teams
Legal
Compliance
E-commerce
Sales
Customer Service
Operations
Commercial
Risk Management
Digital Marketing
Product Management
Consumer Relations
Contract Administration
Relevant Roles
E-commerce Manager
Legal Counsel
Compliance Officer
Business Development Manager
Digital Sales Manager
Customer Service Manager
Operations Director
Commercial Director
Online Store Manager
Retail Operations Manager
Contract Administrator
Privacy Officer
Sales Director
General Counsel
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