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Your law firm Geißler Trinity.
address
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Mon-Sat: 10:00 am – 1:00 pm
Mon-Fri: 2:00 pm – 8:00 pm
and by telephone appointment
Are your terms and conditions a bit outdated? Do you have recurring problems with individual clauses or do you not have any at all? Do you see a risk that they are not correct or no longer up to date, particularly in terms of data protection, EU regulations or liability? Do you still use these documents as standard, for example by referring to your invoice or order?
Because it can be expensive and cause reputational damage. Terms and conditions are dynamic and must always be viewed and adjusted in the context of new laws, guidelines and regulations from Berlin, Brussels and Washington. Clauses on corporate social responsibility (CSR clauses) or mutual compliance with and maintenance of codes of conduct are now part of the good, but also necessary, standard.
When using your own terms and conditions, your risk tolerance naturally also plays a role in practice: what risks and costs are compared with what benefits and profits? After all, at the end of the year you will be measured by results and figures.
German case law reacts almost allergically when it finds illegal clauses in general terms and conditions (in B2C and B2B). According to the principles of the Federal Court of Justice, general terms and conditions clauses that are considered incompatible with the basic pillars of the law are deleted without replacement (§§ 305-310 BGB). This means that the validity of your clause is not reduced to the extent that would have been just about permissible, but instead the tough legal regulation applies (so-called total cassation). The legal regulation is often miles away from what one would want to have agreed in the contract as a safeguard for the purpose of risk allocation. Unlimited liability, i.e. unlimited liability of the performing company including all financial and consequential damages, is a consequence that lawyers often mention. The devil is often in the detail with these clauses. In the detail of the wording. Therefore, experience shows that it is worthwhile to invest in strong and legally sound terms and conditions.
Further advantages in B2B business when using legally reviewed terms and conditions and templates:
As an experienced expert in the field of contract law, I offer you professional support in the drafting, reviewing and negotiation of general terms and conditions (GTC). My services are specifically tailored to the needs of companies that are looking for legal precision and effective contract management in international trade or are active in a country cluster (e.g. DA-CH).
Creating clear and legally sound contracts and terms and conditions is crucial for business success. I work closely with you to ensure that each document is tailored specifically to the needs and goals of your company. My services include the creative and strategic drafting of contracts in German, English and Italian, which allows for flexible adaptation to international business relationships. I see terms and conditions not just as a legal necessity, but as a powerful tool that can actively support your company's success.
When it comes to the negotiation phase, I represent your interests both as an external spokesperson to third parties and as an internal mediator within your company. My skills in German, English and Italian enable me to overcome cultural and linguistic barriers and achieve optimal results for you. I ensure that the terms in the contracts accurately reflect your requirements and effectively promote your business objectives.
Online shops often use general terms and conditions that set the framework for online trading. Important components of these terms and conditions include:
We offer all services on the basis of:
Mon-Sat: 10:00 am – 1:00 pm
Mon-Fri: 2:00 pm – 8:00 pm
and by telephone appointment