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LawyerDavid, Attorney
Category: Business Law
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Experience:  Highly experienced attorney in all aspects of Business Law
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Me and my friend want to setup a website in Germany, but we

Customer Question

Me and my friend want to setup a website in Germany, but we are selling mostly to US people.When people sue us from the US, will it be US law or German law?
Can terms & conditions protect us for any liability?
Submitted: 9 months ago.
Category: Business Law
Expert:  LawyerDavid replied 9 months ago.

Hello: in response to your questions, your sales and product liability concerns will be governed by US law. You can place in your Terms and Conditions of sale that German law will apply, but you could still be sued in the US and the court would apply German law. You could also state Germany will be the location for any dispute but US courts may not enforce that depending on if there is a signed contract or simple click through agreement. I hope this helps and good luck with your business. David

Customer: replied 9 months ago.
there is no way to protect for any liability in US?
Expert:  LawyerDavid replied 9 months ago.

Well, you are located in Germany so I think it is going to be difficult for someone to get to any of your assets, but no you cannot avoid liability or being sued when you are selling products into the US, or anywhere else for that matter.

Customer: replied 9 months ago.
What is the risk to be sued for cheap products? Average orders are just 30-40 USD...
Customer: replied 9 months ago.
when I have German law in my T&C I will be sued in the US, but they use German law you say, correct?
Expert:  LawyerDavid replied 9 months ago.

Yes, that would be correct. The caveat is the if you have click through type T&C a US court may find them invalid because nobody ever reads those. However, if you make clear they are read and agreed to by your customers you should be fine. You can also say disputes will be decided in Germany as well, but the same issue applies. You will jave to prove the customer read and understood what they were agreeing to when they purchased the product. I hope this helps, David

Expert:  LawyerDavid replied 9 months ago.

Also, on the risk of being sued question, I have no idea. It depends on what the products do but if they are cheap we don't want them in the U.S. and I would expect to get sued if you ship them here.

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