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General Terms Agreement

General Terms Agreement Template for Germany

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Key Requirements PROMPT example:

General Terms Agreement

"I need a General Terms Agreement for my e-commerce platform launching in January 2025, which will sell consumer electronics to both individual customers and business clients in Germany, with specific focus on data protection and consumer rights."

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Document background
This General Terms Agreement serves as the foundational document for establishing standardized contractual relationships under German law. It is designed for businesses operating in Germany or with German customers, requiring compliance with the German Civil Code (BGB) sections 305-310 governing general terms and conditions (Allgemeine Geschäftsbedingungen). The document is essential for companies seeking to standardize their contractual relationships while meeting strict German legal requirements regarding transparency, fairness, and consumer protection. It includes mandatory provisions on contract formation, performance, liability, data protection, and dispute resolution, with specific attention to German court precedents on unfair contract terms. The agreement can be customized for both B2B and B2C relationships, though different standards apply to each under German law.
Suggested Sections

1. Parties: Identification of the parties to whom these terms apply (typically the business and its customers/clients)

2. Background: Scope of application and general context of the terms

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Scope of Services/Products: Description of the services or products covered by these terms

5. Contract Formation: Process and conditions for forming binding contracts under these terms

6. Prices and Payment Terms: Pricing structure, payment methods, and payment conditions

7. Delivery and Performance: Terms regarding delivery of goods or performance of services

8. Rights and Obligations: Core rights and obligations of both parties

9. Warranty and Liability: Warranty terms and limitation of liability (within German law constraints)

10. Data Protection: GDPR-compliant data protection and privacy provisions

11. Term and Termination: Duration of the terms and termination conditions

12. Final Provisions: Governing law, jurisdiction, severability, and entire agreement clauses

Optional Sections

1. Intellectual Property Rights: Required when dealing with software, content, or other IP-protected materials

2. Confidentiality: Needed for B2B relationships or when sensitive information is exchanged

3. Force Majeure: Important for long-term relationships or where external factors could impact performance

4. Quality Assurance: Relevant for manufacturing or specific service quality requirements

5. Compliance: Required for regulated industries or when specific compliance obligations exist

6. Insurance: Important for high-risk services or products

7. Subcontractors: Needed when the use of subcontractors is contemplated

8. Export Control: Required for international trade or restricted goods/services

Suggested Schedules

1. Price List: Current pricing information, subject to periodic updates

2. Service Level Agreement: Detailed service performance metrics and standards

3. Technical Specifications: Technical details of products or services

4. Data Processing Agreement: Detailed GDPR-compliant data processing terms

5. Security Requirements: IT and physical security requirements if applicable

6. Contact Details: List of relevant contact persons and communication channels

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Services
Products
Customer
Company
Business Day
Confidential Information
Consumer
Contract
Data Protection Laws
Delivery
Documentation
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
Order
Party/Parties
Personal Data
Processing
Professional Services
Service Level Agreement
Specifications
Term
Territory
User
Working Hours
Written Form
Acceptance
Business Customer
Payment Terms
Warranty Period
Material Breach
Notice
Price List
Quality Standards
Support Services
Technical Requirements
Terms and Conditions
Authorized Representative
Applicable Law
Clauses
Scope of Application
Contract Formation
Service Delivery
Price and Payment
Delivery Terms
Warranty
Liability Limitation
Force Majeure
Data Protection
Intellectual Property
Confidentiality
Term and Termination
Notice Requirements
Assignment and Subcontracting
Quality Assurance
Customer Obligations
Company Obligations
Acceptance Procedures
Change Management
Service Levels
Documentation
Audit Rights
Insurance
Compliance
Export Control
Anti-Corruption
Dispute Resolution
Governing Law
Severability
Amendment Procedures
Entire Agreement
Order of Precedence
Right of Withdrawal
Consumer Rights
Information Requirements
Electronic Communication
Return Policy
Warranty Disclaimer
Performance Standards
Support Services
Relevant Industries

E-commerce

Retail

Software and Technology

Professional Services

Manufacturing

Financial Services

Healthcare

Telecommunications

Consumer Goods

Digital Services

Consulting

Education

Transportation and Logistics

Relevant Teams

Legal

Compliance

Commercial

Sales

Customer Service

Operations

Risk Management

Business Development

Corporate Affairs

General Management

Relevant Roles

Legal Counsel

Compliance Officer

Commercial Director

Business Development Manager

Sales Director

Customer Service Manager

Operations Manager

Contract Manager

Risk Manager

General Counsel

Chief Legal Officer

Head of Commercial

Managing Director

CEO

Chief Operating Officer

Industries
German Civil Code (BGB) Sections 305-310: Core regulations governing general terms and conditions, including rules about incorporation, interpretation, transparency requirements, and prohibited clauses
BGB General Contract Law (Sections 145-157): Basic contract law provisions governing formation, interpretation, and general principles of contracts
German Act Against Unfair Competition (UWG): Regulates unfair commercial practices and ensures fair competition, relevant for B2B and B2C terms
EU General Data Protection Regulation (GDPR): Data protection requirements that must be reflected in terms dealing with personal data processing
German Telemedia Act (TMG): Regulations for electronic business transactions and online services
EU Consumer Rights Directive as implemented in German Law: Consumer protection requirements, particularly relevant if the terms will apply to consumers
German Code of Civil Procedure (ZPO): Relevant for dispute resolution clauses and enforcement provisions
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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