AD legal - The law at the service of your strategy
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Distribution and commercial contracts

Distribution / Commercial contracts

Whatever your sector of activity, the increasing complexity of commercial exchanges and the inflation of regulatory texts require dedicated support, from the choice of the contractual structure to the signature, execution and then the end of the contract and the possible litigation that accompanies them.

Commercial contracts are governed by :

  • French and European competition and restrictive practices law, which regulates or prohibits, as the case may be, certain contractual clauses,

  • distribution law, which organizes business relations between companies located at different levels of the production and distribution chain (general terms and conditions, general conditions of sale, contracts for the provision of services, open, selective or exclusive distribution, commercial agencies, concessions, franchises, etc.) and sometimes imposes a negotiation schedule on them (art. L. 441-3 et seq. of the French Commercial Code), and

  • consumer law, which aims to protect consumers in their relations with professionals, particularly on the Internet (pre-contractual information, unfair terms, product marketing and recall, comparative and misleading advertising, sales and promotions, pricing practices, etc.).

Your issues

  • Propose a standard contract to your customers or suppliers, negotiate a commercial contract with a partner,

  • Set up and secure a commercial and pricing policy with your business partners,

  • Create GTC, CGA or standard contracts to your advantage, negotiate or renegotiate your contracts, comply with legal obligations to sign agreements by March 1st of each year (single agreement),

  • Set up or join a distribution network according to your needs (franchise, commission-affiliation, open, selective or exclusive distribution, commercial agency) in France and/or in Europe, 

  • Terminate a commercial relationship with a supplier, distributor or customer without the risk of litigation,

  • Launch an e-commerce site, sell to consumers or other businesses, conduct sales and promotions 

  • Defend you in the context of a consumer dispute, an investigation by the DGCCRF or the DIRECCTE

Our skills

Our firm advises and assists its clients in their relations with their suppliers, wholesalers and / or distributors: we draft and negotiate their General Terms and Conditions of Sale and Purchase, commercial offers, commercial contracts (distribution, commercial agency, franchising).

Our firm regularly advises its clients on the implementation of their distribution networks in France, Europe and internationally, particularly with regard to competition law rules: exclusive distribution, selective distribution (quantitative or qualitative), open distribution network; exclusive supply; franchising; commercial agency; commission-affiliation.

We also advise our clients in order to prevent disputes that may arise in connection with the termination of commercial relations, deferral, or a significant imbalance in commercial relations, and assist them in unfair competition litigation related to disparagement, disorganization or parasitic behavior.

Our firm advises and assists its clients in their relations with consumers, in the context of DGCCRF investigations and criminal proceedings related to consumer law: misleading or abusive commercial practices, distance selling, advertising regulations.