hello@erlenhardt.de +49 (211) 54 555 95 0
Distributing Goods and Services with Legal Certainty.
Business is, to a large extent, distribution and sales. Sales govern the journey of a product from producer to consumer. The objective is to structure this path as effectively as possible by optimally organizing all sales-related actions, processes, and relationships from a legal perspective. We support our clients in achieving this.
How can we help you with distribution matters?
We advise our clients on the selection and structuring of their distribution systems to ensure the most effective sale of their goods or services. Available options include, among others, franchise systems, authorized dealer systems, selective distribution systems, and direct sales systems; notably, e-commerce is driving the steadily increasing adoption of the latter, often in combination with other systems.
Each system offers its own unique advantages and disadvantages. We can determine which distribution system best aligns with your company's sales strategy, or how to further optimize a distribution system you have already implemented. We draft and develop distribution agreements such as commercial agency agreements, franchise agreements, authorized dealer agreements, supply and framework supply agreements, and commission and commission agency agreements. A key area of focus is the drafting of licensing agreements for trademarks, designs, copyrights, and patents, with a particular emphasis on trademark licensing agreements. Furthermore, we review and draft General Terms and Conditions (GTC) for our clients, such as General Terms of Sale or General Terms of Purchase.
In connection with the sale of products, we also advise our clients on product safety issues, including CE marking, the GS mark, EU Declarations of Conformity, REACH, and RoHS, as well as the labeling of electrical equipment and consumer products. In this context, the classification of a product – for instance, as electrical equipment, a toy, or machinery – plays a pivotal role. We also provide guidance on the mandatory registrations triggered by placing electrical equipment, batteries, and packaging on the market; specifically, the registration of electrical equipment with the *Stiftung ear* (EAR Foundation) to obtain a WEEE registration number, registration in the Battery Register (*BattG*), and registration in the Packaging Register (*VerpackG* / LUCID).
In particular, we advise our clients regarding non-competition clauses, non-solicitation clauses, and (post-contractual) covenants not to compete, as well as the legal consequences arising from any breach of these prohibitions. We protect our clients against unfair conduct by their competitors and take action against unfair advertising practices—such as intrusive advertising and unfair price undercutting. We advocate for the protection of our clients' distribution relationships and, naturally, also handle the collection of outstanding receivables.
Contact us
We offer initial consultations in distribution matters at affordable and transparent fixed rates, which are credited against our fees should you decide to retain our services further.
Feel free to contact us by sending us an email or calling us at any time. We are looking forward to helping you with any issues relating to disitribution.
Attorney at law Andreas Erlenhardt, LL.M.
Bar-certified specialist attorney for intellectual property
We do business all over Germany. Our Düsseldorf office is located within the district of the Higher Regional Court (Oberlandesgericht) of Düsseldorf, to which the following communities belong: Hilden, Langenfeld, Meerbusch, Neuss, Krefeld, Kaarst, Ratingen, Mönchengladbach, Viersen, Kempen, Wuppertal, Erkrath, Haan, Remscheid, Mettmann, Solingen, Velbert, Oberhausen, Duisburg, Mülheim, Dinslaken and Kleve – we do not have offices in these cities but only in Düsseldorf. We have advised clients who are located in Berlin, Dortmund, Bremen, Köln, Dresden, Bochum, Bonn, Gelsenkirchen, Chemnitz, Kiel, Augsburg, Koblenz, Lübeck, Leverkusen, Oldenburg, Stuttgart, Osnabrück, Paderborn, Würzburg, Ulm, Offenbach, Bottrop, Hannover, Münster, Recklinghausen, Trier, Erlangen, Jena, Reutlingen, Nürnberg, Pforzheim, Göttingen, Heilbronn, Regensburg, Ingolstadt, Darmstadt, Heidelberg, Potsdam, Leipzig, Hamm, Kassel, Saarbrücken, Mainz, Freiburg, Aachen, Braunschweig, Wiesbaden, Karlsruhe, Mannheim, Bielefeld, Essen, Frankfurt and München.
