Major Differences — Structured Comparison
| Clause |
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——————————————————————– | | 1. Definitions | Basic legal party definitions; “Working Day” not explicitly defined | Expanded definitions; formal “Working Day” meaning, address and registration details included | Better aligned to formal legal documents and consumer-facing policies | | 2. Orders and Contract | Focused on acceptance and availability | Adds pricing error correction, product withdrawal, right to reject orders | Matches Kuhn’s approach to online and catalogue commerce | | 3. Payment and Late Charges | Included statutory late interest + fixed fee | Same content, no changes | Already strong and compliant | | 4. Retention of Title | Ownership retained until payment, with access and storage provisions | Same terms | No changes; robust and legally sound | | 5. Delivery | Delivery times approximate; risk passes on delivery | Adds force majeure language (non-liability for delay beyond control) | More comprehensive protection | | 6. Returns and Refunds | B2B terms only; 7-day notice for defects | Adds full UK consumer rights (CCR 2013), 14-day cancellation, refund process | Hybrid B2B and B2C ready | | 7. Warranty and Liability | Limited to cost of goods; excludes consequential loss | Retains limitation but restyled to match Kuhn tone | No change in substance | | 8. Descriptions & Content | Not included | New section: disclaimer for product images, specs, errors | Reflects ecommerce practices | | 9. Privacy & Data | Compliant with GDPR/Data Protection Act | Expanded to include opt-outs, data access, newsletter policy | Closer to Kuhn’s published privacy terms | | 10. Cookies & Tracking | Not mentioned | Added: browser cookies, remarketing, opt-out info | Important for any website-based business | | 11. Intellectual Property | Brief reference only | Full IP clause protecting text, images, branding | Suitable for online presence and printed materials | | 12. External Links | Not addressed | New clause: disclaims liability for content on linked third-party sites | Mirrors Kuhn’s hyperlink language | | 13. Governing Law | England & Wales, severability included | Same legal basis, reworded for tone consistency | No substantive change | | Structure & Style | Legalistic and practical; B2B tone | Public-friendly hybrid structure; clearer headings and formal language | More versatile across contracts, websites, and commercial presentations |