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- 4.1 Markets & strategies.
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- 4.4 Competition & Compliance.
  - 4.4.1 Classic competition law.
  - 4.4.2 (AGB).
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Home > You are here: gc.business-services > Management consultancy > Competition & Compliance > (AGB)

Standard terms and conditions (AGB)

Numerous court decisions have held that the utilisation of invalid clauses in standard terms and conditions is to be regarded as a competition law violation. The consequence is that competitors can issue written warnings, liable to payment of a fee. To compile standard terms and conditions which are customer-tailored to the requirements of the specific company is indispensable for their unproblematic utilisation. The starting point for this always is the object of the company, and the targeted circle of customers.

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Standard terms and conditions (AGB)

Advantages of standard terms and conditions

The utilisation of standard terms and conditions offers numerous advantages in the business relations with customers. By using standard terms and conditions, recurring contractual terms can be generalised and be included in the contractual relations by means of a general reference.

Furthermore, standard terms and conditions allow their user to deviate from the statutory provisions, within the limits of that which is permitted by law. Going beyond this, standard terms and conditions on websites are often intended to make customers aware of rules and legal framework conditions, in order to be able to invoke the valid agreement on standard terms and conditions in case of disputes.

Prerequisites for the validity of standard terms and conditions

A prerequisite for the application of standard terms and conditions on the internet is their valid incorporation into the contracts which are usually entered into online. The issue of the effective incorporation often is not sufficiently taken into consideration. We strongly recommend not to blindly copy third-party standard terms and conditions without legal assessment. Such terms are often outdated and were compiled without, or with inadequate, legal advice.

Our services:

We will be pleased to legally assess your existing standard terms and conditions, or to compile custom-tailored standard terms and conditions for your company.

Compilation of specific standard terms and conditions for your product and your industry
Evaluation and adaptation of existing standard terms and conditions
Comprehensive evaluation of websites, including all compulsory information obligations, advertising statements and product descriptions
Privacy declaration
Compilation of terms and conditions of utilisation
Evaluation and adaptation of existing terms and conditions of utilisation
Full project support, from the business idea through to launching of complex business models
Consultancy services regarding the incorporation of standard terms and conditions into websites/ webshops/ eBay shops

An investment in the compilation of standard terms and conditions can help avoid significant costs for written warnings.