The sales agent is a key player in software sales. In the world of digital commerce, the sales agent plays a crucial role. They represent a company selling software and act as a link with potential customers. This role takes on particular importance in France, where the regulatory and legal framework defines specific responsibilities and obligations. We'll look at all these aspects in this article.
The commercial agent in France: definition and legal framework
According to the French Commercial Code (article L134-1), a commercial agent is an independent person who, on a permanent basis, is responsible for negotiating and possibly concluding contracts for the sale, purchase, rental or provision of services, in the name and on behalf of producers, industrialists, merchants or other commercial agents.
"Beware, since the decision handed down on December 08, 2020, the Cour de cassation has incorporated the case law of the Court of Justice of the European Union of June 4, 2020(C-828/18) and considers that a representative is not necessarily required to have the ability to modify the prices of the products he sells on behalf of his customer in order to be considered a commercial agent. As a result, the boundary with other categories of contracts has become increasingly blurred, and the risks of requalification have increased."
In any case, it is essential to note that the sales agent is independent, which means that he or she is not an employee of the company he or she represents.
What's more, they have the freedom to manage their business as they see fit, as long as they respect the terms of their contract with the company.
The sales agent in software sales: a specific role
Software sales agents have a specific role to play. They need to understand the technical details of the software they sell, and be able to explain them to potential customers. They also need to know the software market and customers' needs.
In this sense, the sales agent contributes greatly to the indirect sale of software, a business model that is becoming increasingly popular in the software industry.
The advantages and disadvantages of a sales agent
The sales agent offers several advantages. It allows the company to concentrate on product development, while the agent handles sales.
What's more, the sales agent is remunerated on a commission basis, which means that the company only pays when sales are made.
However, there are also disadvantages. For example, the company does not have total control over how the sales agent presents its products to customers.
In addition, the company must comply with its legal obligations towards the sales agent, as set out in the French Commercial Code (Articles L. 134-12 to L. 134-17).
For example, the agent is entitled to a commission for sales concluded after the end of the contract if these sales are mainly due to his activity during the contract and are concluded within a reasonable time after the end of the contract. The agent is also entitled to compensation in the event of termination of the contract, except in certain specific cases. Generally speaking, this indemnity is equal to the amount of commissions earned over the last two years (Cass. com., Feb. 12, 1985, no. 83-13.810), or to the equivalent of two years' commissions when the contract has been in force for a shorter period (Cass. com., May 20, 1969, no. 67-12.483), but this evaluation, at two years' commissions, is not binding on the judge (CA Lyon, July 13, 2012, no. 11/00266).
Conclusion
In conclusion, the sales agent selling software in France plays a crucial role in digital commerce. They represent a software company and act as a link with potential customers. While this role has its challenges, it also offers many opportunities for people looking to work in software sales.
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