If you want to start a business, it is important that you are well prepared. A good preparation can save you a lot of time as well as costs and can prevent future discussions. Commercial law is a broad field of expertise with many pitfalls, but even more possibilities. If you are aware of both, you will be one step ahead of your competitors.
General terms and conditions: the basis of your business
First of all, we can provide you with clear general terms and conditions in which the rights and obligations of you and your customer or business partner are determined. Well-drafted general terms and conditions can reduce your risks as an entrepreneur. For example, you may include provisions relating to liability (such as an exemption clause, see our publication De grenzen van het exoneratiebeding aftasten), payment terms, warranty or a retention of title.
Pre-contractual information requirements: unpleasant but necessary
If you wish to enter into a commercial agreement with a partner – for example, a distribution, licensing, franchising or agency agreement – you must consider the pre-contractual information obligations. These obligations include providing your partner with detailed information about your service or product, the target group, the target market, etc. Non-compliance with these pre-contractual information obligations can lead to severe sanctions such as the nullity of the agreement with your partner. More information about the pre-contractual information obligations can be found in our publication Precontractuele informatie bij commerciële samenwerkingsovereenkomsten: nietigheid op de loer. We can help you with these pre-contractual information obligations and provide you with a checklist containing all information that you need to provide to your business partner.