The Online Sale Agreement serves as the primary contract governing transactions between online sellers and their customers in the Netherlands. This document is essential for any business conducting e-commerce activities under Dutch jurisdiction and must comply with both Dutch national law and EU regulations. The agreement typically includes detailed provisions on order processing, payment terms, delivery conditions, consumer rights (particularly the statutory right of withdrawal), warranty terms, and data protection. It should be used by any business selling products or services online to Dutch consumers or businesses, ensuring proper protection of both parties' interests while maintaining compliance with relevant legislation such as the Dutch Civil Code, EU Consumer Rights Directive, and GDPR. The document needs regular review and updates to reflect changes in e-commerce laws and business practices.
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1. Parties: Identification of the seller (company details including registration number, VAT number, and address) and definition of customer/buyer
2. Background: Brief context explaining the online sale 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: Clear description of what the agreement covers and how it applies to online sales
5. Order Process: Detailed explanation of how orders are placed, confirmed, and processed
6. Prices and Payment: Information about product pricing, payment methods, and payment processing
7. Delivery: Terms regarding delivery methods, timeframes, costs, and delivery restrictions
8. Right of Withdrawal: Mandatory section under EU law explaining the 14-day cooling-off period and return process
9. Warranties and Conformity: Product warranty terms and statutory rights regarding product conformity
10. Privacy and Data Protection: Basic data protection terms and reference to privacy policy
11. Intellectual Property: Protection of website content, trademarks, and other IP rights
12. Liability: Limitations and exclusions of liability within legal bounds
13. Dispute Resolution: Procedures for handling complaints and disputes
14. Governing Law: Specification of Dutch law as governing law and competent courts
1. Digital Content: Additional terms for digital products or downloads, required if selling digital content
2. Age Restrictions: Required if products have age restrictions (e.g., alcohol, mature content)
3. Subscription Terms: Required for products or services offered on a subscription basis
4. Platform Rules: Additional terms for marketplace platforms with multiple sellers
5. Product Care Instructions: Specific care or maintenance requirements for particular product types
6. Gift Cards and Promotions: Terms regarding gift cards, discount codes, and promotional offers
7. Business Customers: Specific terms applying to business-to-business transactions
8. International Sales: Additional terms for sales outside the Netherlands
1. Pricing Schedule: Detailed pricing information, particularly for different product categories or customer types
2. Delivery Rates: Detailed shipping costs for different regions and delivery methods
3. Return Policy: Detailed return procedures and conditions
4. Product Specifications: Technical specifications or detailed product descriptions
5. Service Level Agreement: Specific service levels for order processing and customer support
6. Warranty Terms: Detailed warranty conditions for different product categories
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