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The term Franchising or concession sales designates a business practice (marketing system in the retail trade), with which a Franchise giver puts the regional use of a business concept to a Franchise taker against payment at the disposal (passing on of a business concept). Further meanings: Sales monopoly, Konzessionserteilung, Lizenzvergabe, selfkeep, right to vote, sales concession.
The Franchising is regulated as the newer contract form neither in the civil law book nor in the commercial code. The Franchise taker is more strongly into the marketing system of the Franchise giver merged than the bare contract dealer. Franchising is used by large-scale enterprises with a branch structure branched out far, in order to transfer the branch managers into an illusory independentness. Although often completely dependent on the central enterprise, have this no employee protection. The employees of the Franchise taker work by this structure in a small firm, which makes the valid making more difficult of employee rights. The Franchise taker sells its products or his service legally independently, pays however fees for the use of uniform equipment, a uniform name and occurrence outward, a symbol or for the use of a mark and a uniform marketing system as well as often for common bookkeeping. The Franchise giver trains the Franchise taker, he examines the conversion of the concept and may instructions give.
The German Franchise federation as follows registered association defines Franchising:
The Franchise taker is nevertheless a dealer in the own name and on own calculation.
The term "Franchising "is derived from the French word "franchise ". "Franchise "means the release from deliveries and/or fees in the French. This meaning can lead no release to misunderstandings, since Franchising is brought in the today's time with deliveries and fees in connection, however, but a load with deliveries and fees takes place. In 17. and 18. Century was understood by "Franchise "in France and Great Britain the grant of a privilege, which of kings was assigned to reliable personalities. These personalities had to operate then the right against payment production or the trade with certain products. In this connection it becomes clear that "Franchise contains "the use of rights against payment. In the second half 19. Century were common paragraph systems with DEPOSIT eras, agents and which represent forerunners to the today's Franchising. In the insurance industry Franchise "self participation" means.
The most important Franchise activities in Germany after industries (number of Franchise systems/proportional portion)
Entirely 1439/100%
Source: franchiseportal.de (FranchisePORTAL GmbH) (conditions: 3/2006).
Despite practical advantages it can occur particularly with smaller and mark-weak Franchise givers (fG) that the system partnership is worth few or nothing (Adverse Selection). Cases, in which the Franchise taker and the obligation purchase some dozen of sides of worthless with a certain wholesale dealer to buy expensively, occur again and again. In the case of long-term obligations to take delivery without precise marketing and training course achievements and/or without obligatory promise of a civil service achievement for the Franchise taker the otherwise meaningful idea of the division of labor and system partnership can present itself thus also as little respectable method of distribution politics, which cannot usually even be complained of beyond that legally.
For the fG it is always a certain risk the fact that it does not have the direct contact to its customers but on the work and handling of its FN is dependent. A bad customer service of a FN could have effects on the entire product.
A disadvantage for the Franchise takers is likewise that their Unternehmensgewinn is diminished by direct and indirect deliveries. Also the contracts can be from the fG to extensive and durably arranged, which harms the FN then in case of a not coming up marketing concept or an unsuitable and/or bad product of the FGs.
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