The Online Sales Agreement is essential for any business conducting e-commerce activities in the Netherlands. This document serves as the primary contract between online sellers and their customers, whether consumers or businesses. It is specifically designed to comply with Dutch law and EU regulations, including the Dutch Civil Code, EU Consumer Rights Directive, and GDPR. The agreement should be implemented when launching an online sales platform or updating existing terms to meet current legal requirements. It covers crucial aspects such as order processing, payment terms, delivery conditions, return policies, warranty terms, and data protection measures. The document is particularly important as it incorporates mandatory consumer protection provisions required by Dutch and EU law, while also protecting the business's interests in online transactions.
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1. Parties: Identification of the seller (company details including registration number, VAT number, and address) and definition of customer/consumer
2. Background: Brief context explaining the nature of the online sales platform and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Products', 'Services', 'Website', 'Order', etc.
4. Scope of Agreement: Description of the products/services offered and territory covered
5. Order Process: Step-by-step explanation of how orders are placed, confirmed, and processed
6. Prices and Payment: Pricing information, payment methods, currency, and payment processing details
7. Delivery: Delivery terms, timeframes, costs, and process for delivery failures
8. Right of Withdrawal: 14-day cooling-off period details as required by EU law, return process and conditions
9. Warranties and Conformity: Product warranty terms and statutory conformity requirements
10. Privacy and Data Protection: Basic data protection principles and reference to privacy policy
11. Intellectual Property: Protection of website content, trademarks, and other IP rights
12. Liability: Limitations of liability and indemnification provisions
13. Termination: Conditions for termination of the agreement by either party
14. Governing Law and Jurisdiction: Specification of Dutch law as governing law and competent courts
1. Digital Content: Additional terms for digital products or downloads, used when selling digital goods
2. Subscription Services: Terms for recurring payments and subscriptions, included when offering subscription-based products
3. User Accounts: Rules regarding account creation and management, needed when the platform requires user registration
4. Gift Cards: Terms for the purchase and use of gift cards, included if offering gift card services
5. Loyalty Program: Terms for loyalty points or rewards program, included if offering a customer loyalty scheme
6. Business Customers: Specific terms for business (B2B) transactions, included if serving both consumers and businesses
7. Product Reviews: Rules for customer review submission and management, included if the platform features customer reviews
8. Marketplace Sellers: Additional terms for third-party sellers, included if operating a marketplace platform
1. Schedule 1 - Product Return Form: Standard form for customers to use when exercising their right of withdrawal
2. Schedule 2 - Shipping Costs: Detailed breakdown of shipping costs by region and delivery method
3. Schedule 3 - Product Warranty Terms: Detailed warranty terms for different product categories
4. Schedule 4 - Prohibited Items: List of items that cannot be purchased or shipped to certain regions
5. Appendix A - Technical Requirements: Technical specifications for using the online platform, including supported devices and browsers
6. Appendix B - Customer Service Policy: Detailed customer service procedures and contact information
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