German law treats standard terms strictly. Sections 305 to 310 of the German Civil Code (BGB) declare a long list of clauses invalid when used against consumers and, less known abroad, many of them also when used between businesses. A clause that is standard in a contract governed by New York or English law, such as a broad limitation of liability, an exclusive jurisdiction clause against a consumer or a silent renewal, is void in Germany, and an invalid clause is replaced by the statutory rule, which is usually less favourable to the company than no clause at all. Terms used towards German consumers can moreover be attacked by competitors and consumer associations through warning letters under the Unfair Competition Act. A translation of your home terms therefore does not work. We draft terms and conditions for the German and EU market at fixed fees, in English and German.
Fixed fees
For an online shop selling to consumers the fee is 500 EUR and includes the withdrawal instructions and the model withdrawal form that EU consumer law requires. Terms for trade with business customers cost 1,500 EUR, terms for services to consumers 1,000 EUR and for services to business customers 1,800 EUR. Sellers on Amazon, eBay and other marketplaces receive the texts the marketplaces require for 300 EUR. Web designers and agencies pay 777 EUR, coaches and trainers 700 EUR, operators of free websites and communities 400 EUR and operators of platforms and intermediary services 1,600 EUR. Purchasing terms for companies that buy from German suppliers cost 1,500 EUR, and terms for apps start at 400 EUR depending on what the app does.
What every package includes
The terms are drafted for your business, not adapted from a template, after a questionnaire and, where needed, a call in English. They are delivered in English and German, because German courts and consumers read the German text and your team reads the English one. We check how the terms are integrated into your order process or contract documents, because terms that are not validly included are not part of the contract under § 305 Abs. 2 BGB however well they are drafted. As attorneys we are liable for the result.
Applicable law and jurisdiction
A foreign company can choose its home law in terms used towards German businesses. Towards German consumers the choice of law does not remove the protection of mandatory German and EU consumer law (Art. 6(2) Rome I Regulation), and a jurisdiction clause against a consumer is ineffective. We draft the clauses so that you keep as much of your home law as the rules allow and know exactly where German law applies regardless.
Data protection texts
Terms and conditions do not replace the privacy policy and the legal notice your website needs. These are covered by our website privacy compliance package, which is reduced by half when ordered together with terms and conditions.
The German-language presentation of our terms and conditions practice is at matutis.de. The link takes you to our German website, you can instruct us for every package in English on this site.