The Retail Sales Agreement serves as the primary contract governing the sale of goods between retailers and consumers in Belgium. This document is essential for any business engaged in retail sales operations in Belgium, whether through physical stores or online channels. The agreement incorporates mandatory provisions required under Belgian law and EU regulations, including consumer protection measures, warranty obligations, and withdrawal rights. It's designed to protect both the retailer's interests and consumer rights while ensuring compliance with Book VI of the Belgian Code of Economic Law and relevant EU directives. The document should be used for all retail transactions where a business sells products to consumers, providing clear terms on pricing, delivery, returns, and warranty provisions.
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1. Parties: Identification of the seller (retailer) and the buyer (consumer), including full legal names and addresses
2. Background: Brief context of the retail relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including specific retail and product-related terminology
4. Scope of Agreement: Description of products/services covered by the agreement and any territorial limitations
5. Ordering Process: Procedures for placing and accepting orders, including order confirmation requirements
6. Prices and Payment: Pricing terms, payment methods, and timing of payments, including VAT and other applicable taxes
7. Delivery: Delivery terms, timeframes, and costs in accordance with EU consumer rights regulations
8. Title and Risk: Transfer of ownership and risk in the goods
9. Warranties and Returns: Mandatory warranty provisions under Belgian law and return policies, including the 14-day cooling-off period
10. Consumer Rights: Statement of statutory consumer rights under Belgian and EU law
11. Liability: Limitations and exclusions of liability in accordance with consumer protection laws
12. Data Protection: GDPR compliance and handling of customer personal data
13. Termination: Circumstances and procedures for terminating the agreement
14. Governing Law: Specification of Belgian law as governing law and jurisdiction
1. E-commerce Provisions: Additional terms specific to online sales, required only for retailers operating online stores
2. Loyalty Program: Terms of any customer loyalty or rewards program, if offered
3. Installation Services: Terms related to product installation services, if provided
4. Special Orders: Provisions for custom or specially ordered products
5. Commercial Credit: Terms for any credit facilities offered to regular customers
6. After-Sales Service: Details of additional service offerings beyond statutory requirements
7. Product Training: Terms related to product training or instruction services, if applicable
8. International Sales: Additional provisions for cross-border sales within the EU
1. Schedule 1: Product List: Detailed list of products covered by the agreement, including specifications and prices
2. Schedule 2: Delivery Charges: Breakdown of delivery charges by region or delivery method
3. Schedule 3: Returns Procedure: Detailed procedure for product returns and warranty claims
4. Schedule 4: Service Level Standards: Standards for delivery, customer service, and after-sales support
5. Appendix A: Warranty Terms: Detailed warranty terms and conditions for different product categories
6. Appendix B: Privacy Policy: Detailed privacy policy and data protection procedures
7. Appendix C: Product Care Instructions: General care and maintenance instructions for products
8. Appendix D: Complaint Handling Procedure: Detailed procedure for handling customer complaints and disputes
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