Terms of Service

Effective Date: [INSERT DATE]

Last Updated: [INSERT DATE]

1. Company Information and Contact Details

Business Name: [YOUR BUSINESS NAME]
Legal Form: [Legal form, e.g., GmbH, Ltd.]
Registration Number: [Commercial register number]
VAT Number: [EU VAT ID]
Address: [Complete business address]
Email: [Legal contact email]
Phone: [Contact phone number]
Authorized Representative: [Name and title]

2. Scope and Applicability

These Terms of Service ("Terms") govern the contractual relationship between [YOUR BUSINESS NAME] ("we," "us," "Company") and customers ("you," "Customer") for the purchase of products through our online retail platform available at [WEBSITE URL].

These Terms apply to all orders placed by customers located within the European Union and worldwide, in accordance with EU Consumer Rights Directive (2011/83/EU), Distance Selling Regulations, and applicable national implementations.

3. Product Information and Descriptions

All product descriptions, images, prices, and specifications are provided with care but are subject to change without notice. We strive to ensure accuracy but cannot guarantee that all information is error-free. Product images are for illustration purposes and may differ from actual products.

Pricing: All prices are displayed in [CURRENCY] and include applicable VAT where required. Additional fees (delivery, handling) are clearly indicated before purchase completion.

Availability: Products are subject to availability. We reserve the right to discontinue products or limit quantities.

4. Order Process and Contract Formation

4.1 Order Placement

  • Orders can be placed through our website 24/7

  • Each order requires acceptance of these Terms

  • You must provide accurate and complete information

  • We reserve the right to refuse orders in exceptional circumstances

4.2 Contract Formation

A binding contract is formed when:

  1. You place an order by clicking "Buy Now" or equivalent

  2. We send order confirmation via email

  3. Payment is successfully processed

4.3 Order Confirmation

We will send order confirmation containing:

  • Order details and total amount

  • Expected delivery timeframe

  • Reference to cancellation rights

  • Contact information for queries

5. Payment Terms

Accepted Payment Methods: [List all payment methods]

  • Credit/Debit Cards (Visa, Mastercard, etc.)

  • PayPal

  • Bank Transfer

  • [Other payment methods]

Payment Processing: Payment is due immediately upon order placement. Orders are processed only after successful payment confirmation.

Currency: All transactions are processed in [CURRENCY]. Foreign exchange rates may apply for international customers.

6. Delivery and Performance

6.1 Delivery Areas

We deliver to all EU member states and [specify other countries if applicable].

6.2 Delivery Terms

  • Standard Delivery: [X-Y] business days within EU

  • Express Delivery: [X-Y] business days (where available)

  • Delivery Costs: As displayed at checkout

  • Risk Transfer: Risk transfers to customer upon delivery

6.3 Delivery Issues

If delivery fails due to customer unavailability or incorrect address details, additional costs may apply. We will notify you of any delivery issues and arrange redelivery.

7. Right of Withdrawal (EU Consumer Rights)

7.1 Withdrawal Period

You have 14 days to withdraw from this contract without giving reason.

The withdrawal period expires 14 days after:

  • For goods: The day you or a third party (other than carrier) receives the goods

  • For services: The day the contract is concluded

7.2 How to Exercise Withdrawal Right

To exercise your right of withdrawal, inform us of your decision by:

  • Email: [withdrawal email]

  • Post: [withdrawal address]

  • Using our withdrawal form: [link to form]

Withdrawal Form Template:

text

To: [Company Name]
I hereby give notice that I withdraw from my contract of sale for the following goods/services: - Order number: ____________ -
Order date: ____________ -
Name: ____________ -
Address: ____________ -
Date: ____________ -
Signature: ____________

7.3 Return Process

You must return goods within 14 days from withdrawal notification:

  • Products must be in original condition

  • You bear the direct cost of return shipping

  • We will refund within 14 days of receiving returned goods

7.4 Exceptions to Withdrawal Right

No withdrawal right exists for:

  • Personalized/customized products

  • Perishable goods

  • Sealed goods unsuitable for return (hygiene/health reasons)

  • Goods mixed inseparably with other items after delivery

  • Digital content if performance began with your consent

8. Warranty and Liability

8.1 Legal Guarantee

Under EU law, we provide a minimum 2-year legal guarantee for goods sold to consumers, covering defects that existed at time of delivery.

8.2 Warranty Claims

For defective goods, you may request:

  1. Repair or replacement (our choice)

  2. Price reduction or contract termination if repair/replacement impossible

8.3 Limitation of Liability

Our liability is limited to direct damages and excludes indirect, consequential, or special damages except as required by mandatory law.

9. Data Protection and Privacy

Personal data processing is governed by our Privacy Policy, available at [PRIVACY POLICY URL]. By using our services, you consent to data processing as described in our Privacy Policy and in accordance with GDPR.

Key Points:

  • We process data necessary for contract performance

  • Marketing communications require separate consent

  • You have rights to access, rectify, delete, and port your data

  • Data Protection Officer: [DPO contact if applicable]

10. Intellectual Property

All website content, including text, graphics, logos, and software, is protected by copyright and intellectual property laws. Unauthorized use is prohibited.

11. Dispute Resolution and Applicable Law

11.1 Governing Law

These Terms are governed by [specify applicable law - e.g., German law for German business].

11.2 Consumer Dispute Resolution

  • EU consumers may use Online Dispute Resolution (ODR): https://ec.europa.eu/consumers/odr/

  • We participate in [specify alternative dispute resolution if applicable]

  • Complaints to supervisory authorities remain unaffected

11.3 Jurisdiction

For disputes with consumers, jurisdiction rules of Brussels I Regulation apply. Non-consumer disputes are subject to [specify jurisdiction].

12. Digital Services Act Compliance

12.1 Content Moderation

We maintain policies against:

  • Illegal content

  • Misleading product information

  • Intellectual property violations

12.2 Reporting Mechanisms

Report violations via: [reporting email/form]

13. General Provisions

13.1 Amendments

We reserve the right to modify these Terms. Changes will be communicated via email or website notice. Continued use constitutes acceptance.

13.2 Severability

If any provision is deemed invalid, the remaining Terms remain in force.

13.3 Language

These Terms are originally drafted in [language]. Translations are for convenience only.

14. Contact Information

For questions regarding these Terms:

  • Email: [legal@yourcompany.com]

  • Phone: [contact number]

  • Mail: [complete address]

  • Online Contact Form: [URL if available]

Business Hours: [specify hours]

This Terms of Service complies with:

  • EU Consumer Rights Directive (2011/83/EU)

  • Distance Selling Directive (2000/31/EC)

  • Digital Services Act (EU 2022/2065)

  • General Product Safety Regulation (EU 2023/988)

  • GDPR (EU 2016/679)

  • German Civil Code (BGB) - [adapt for your jurisdiction]

  • Unfair Contract Terms Directive (93/13/EEC)