Reinier advises national and international companies
reinier.russell@russell.nl +31 20 301 55 55Are you planning to enter into a shop-in-shop agreement? This is what you should keep in mind.
The term “shop-in-shop” can be taken literally. It is actually a store within a store. A large retail shop or department store makes available part of the store to another shop. The other shop is allowed to exploit its brand in this particular part of the store. This formula is getting more and more popular and, for instance, Debenhams and the Dutch department store De Bijenkorf are typical examples of large (host) stores making increasing use of shop-in-shop concepts.
There are different kinds of shop-in-shop arrangements, such as concession, operating, co-operation and lease agreement. Mostly, the latter is chosen, where part of the store is (sub-) leased to the shop-in-shop keeper.
Lots of things are involved when entering into a shop-in-shop agreement. Not only the usual arrangements regarding, for instance, usage fee/lease, duration of the agreement and how the cooperation must be terminated will have to be considered. The host store and the shop-in-shop keeper would be well-advised to make agreements in writing on the following:
In case of shop-in-shop one may think of a clothes shop within a clothes shop or department store. In a large retail area often the different functions of retail, catering, service, and culture are combined. This way there will not just be “shop-in-shops” but also, for instance, “restaurant-in-shops”.
However, not all functions can be combined just like that. Both the lessee and the lessor have to take into account the regulations concerning blurring.
Would you like to learn more about shop-in-shop and what you have to keep in mind for the purpose of a shop-in-shop concept? Please contact us. We will gladly assist you!
In principle, a continuing performance agreement can always be terminated, even if no arrangements have been made in this regard. But you can’t just do it. What do you need to take into account when terminating the agreement? And what if you want to deviate from the agreements made about terminating the agreement?
On 28 June 2025, the European Accessibility Act will come into force. From that data, digital products and services must also be accessible to people with disabilities. Which companies, products and services does the Act apply to? What disabilities should you take into account? What are the consequences of not complying with the Act?
If a contract has ended, there may still be obligations you want your contract partner to fulfil, such as warranties or confidentiality. You can regulate this through survival clauses. What should you look out for when including such clauses?
The franchise agreement and the distribution agreement are very similar, but there are also important differences. What are the consequences if you conclude a franchise agreement when it is actually a distribution agreement or vice versa? How can you avoid this misunderstanding?
The shareholders’ agreement is the most important agreement entered into between shareholders and the company. What matters should you cover in this agreement?
The use of general terms and conditions is something companies can no longer do without. Contracting parties refer to their own general terms and conditions in small print, often containing favorable clauses for their own benefit. But what is the power of general terms and conditions? And what should be considered when using them?
