The very, very basics for cross-border sales
Judging by the online market places, buying products appears to need only a simple click. But the legal reality is a bit more complex.
Whether on or off the internet, if parties are contracting to sell or buy goods anywhere in the world (and regardless of the legal system), there are at least three fundamental types of legal rights or obligations for which the transfer conditions always need to be regulated : Possession, Ownership and Risk – P.O.R.
Do the delivery provisions of the agreement regulate exactly when and where transfer of the control or possession should take place? Who is responsible for the delivery? When exactly does the buyer become the legal owner with title to the goods? When and where does the risk of loss or damage to the goods transfer to the buyer? Should there be any pre-conditions? (e.g. payment in advance, retention of title, export approval etc.). Are any of the above implied by law?
Answering these questions sets up the very bare necessities. However, there is much more to do in your contracts as well…
Don’t get egg on your face; come and get the bigger picture: