Distribution law & commercial contracts

General and specific sales conditions, payment terms, commercial negotiations, one-off and logistical agreements as well as the related penalties, remuneration for commercial cooperation services, “food” agreements, pricing issues, drafting complex contracts, etc. The legal framework applicable to supplier-distributor relations, whatever the sector of activity, is constantly changing and raises numerous questions.

Magenta assists its clients at every stage of their commercial relations, providing them with operational advice and solutions tailored to their needs.

Magenta also assists with the creation and management of distribution networks (selective or exclusive distribution, franchise agreements, commercial agency agreements, commissionaire agreements, etc.).

Convinced that the best way to assist clients is also to be able to defend them before the competent courts or authorities, Magenta also has very solid expertise in litigation (and pre-litigation), particularly in complex contracts with high financial, industrial, and reputational stakes (contract litigation, breach of contract, significant imbalance, etc).

The law on restrictive competition practices is composed of a variety of rules governing the various aspects of commercial relations, from negotiation (general or special sales conditions, single agreement, payment terms) to the end of the commercial relationship (sudden termination of established commercial relations), via the content of the contract (advantage without consideration, significant imbalance, resale outside the network, logistical penalties, etc.).

This law combines general provisions with more specific ones adopted for specific sectors or products (food, consumer goods). Implementing them is often difficult for many players and partners, particularly in the context of relationships that go beyond French territory, even though the risk of non-compliance is high in view of the ceilings set for civil, criminal, or administrative fines.

Magenta assists its customers in all these areas, both as advisors and litigators, helping them to assess the validity of their agreements through these rules, to negotiate or terminate their contracts, or to defend and protect their interests in the event of litigation.

Consumer law is a key issue for all economic operators involved in B-to-C markets (and even for some B-to-B relationships). The rules are numerous and complex: pre-contractual information, advertising, display of prices, form and content of the contract, terms and conditions to conclude the agreement, warranties and liability, after-sales service, system of black and grey clauses concerning unfair terms, rules applicable to “tied sales”, etc.

In view of the penalties applicable, it is imperative that consumer law is considered during the operational processes, otherwise there will be heavy penalties. In addition to these general rules, there are specific obligations depending on the marketing method used (e-commerce, distance selling, door-to-door sales, etc.) and the nature of the contracts involved (electronic communications services, energy supply, consumer credit and financial services, alcoholic beverages, tobacco, etc.).

Magenta masters all these issues to provide operational advice and pragmatic solutions to all companies developing product or service offers for consumers.