Is the use of General Terms and Conditions mandatory?

There is no legal obligation to use General Terms and Conditions, but most entrepreneurs use them because they enable them to better protect their business interests. If you are a member of a trade association that uses General Terms and Conditions, you may be obliged to use those.

What must be in General Terms and Conditions?

There are no rules that determine what should be stated in Terms and Conditions. There are, however, legal rules that determine what is not allowed. You cannot draw up any condition you want. Certain conditions are prohibited or are not allowed under certain circumstances, because they are unreasonable. The prohibited General Conditions are on the so-called black list. The Conditions that are unreasonable depending on the circumstances can be found on the grey and blue list. By using our Terms and Conditions you can be sure that you do not use prohibited or unreasonable Conditions.

What Conditions are on the blue, grey and black list?

On the blue, grey and black list are (presumably) unreasonable Conditions that you may not use. If you would use them, a consumer can indicate that he is not bound by the Conditions. Please note: these lists serve to protect the consumer and therefore only apply to consumer law. In addition to the ordinary consumer protection, the law on distance selling also applies to the online purchase of the consumer, which gives these consumers extra protection. All the more reason to use professionally drawn up General Terms and Conditions.

Can I change my Terms and Conditions in the interim?

You can only change your General Terms and Conditions during the term of an agreement (such as with a subscription) if you have determined this in your Conditions. You must send the amended Conditions to the consumer. If the new Conditions are unfavourable to the consumer, he may reject them or terminate the agreement immediately.

Think about your information obligation!

You have the duty to make your General Conditions known to your customers. There are various ways to fulfil your information obligation, depending on the nature of your business. You can do this, for example, by stating the applicability of your Conditions in your Offer and the Conditions as an enclosure. For service providers, however, you can also refer to your General Conditions on your website in order to comply with your obligation to provide information. If you do not meet your obligation to provide information, the customer is not bound by your General Terms and Conditions.

How does the information obligation for webshops work?

Specific requirements regarding the obligation to provide information apply to online sales. For example, you should not only inform the consumer about your General Terms and Conditions, but you should also offer him the possibility to save them. In this way, you fulfil your obligation to provide information if you state your General Terms and Conditions on your website and have them downloaded by the consumer with an interactive button. Only publishing the Conditions on your website is not enough.

What is the right of withdrawal?

The right of withdrawal is another word for reflection time or cooling-off period. For distance selling (ie online or via telephone), the consumer has at least 14 days to indicate that he wants to cancel the purchase. You must provide the consumer with a form with which he can use his right of withdrawal. If you do not comply with your obligation to provide information, the cooling-off period is extended by 12 months.

Are there exceptions to the statutory cooling-off period?

Yes, with online sales the right of withdrawal does not apply to all goods. Excluded are: perishable goods tailor-made goods goods that can not be returned for hygienic reasons (underwear, swimwear, etc.) data carriers with digital content (DVDs, CDs, etc.)

Does the cooling-off period apply to goods in a store?

The cooling-off period (14 days) that consumers have only applies to distance purchases such as online purchases. The consumer does not have this right in the store. However, many retailers give the consumer the opportunity to return a product within a certain time as part of their service, but there is no legal obligation to do so.

MAAK JE GRATIS Terms and Conditions (Dutch Law)

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ANDERE NAMEN General Conditions General Conditions Webshop Warranty Conditions Delivery Terms Terms of Service Delivery Conditions Repair Conditions

What are Terms and Conditions?

General Conditions are the rules that you want to impose on all your customers. You should use Terms and Conditions if you want to sell goods (online) to a consumer or business customer or provide services to a consumer or a business customer on standard Terms. They should cover key issues such as orders, delivery, payment, guarantees, cancellation and liability. This way you can limit your payment risks and liability for any damage.
This document is GDPR-proof.

When do I need Terms and Conditions?

Terms and Conditions protect your business interests, ensure that customers know where they stand and help avoid disputes. When a customer accepts your General Terms and Conditions, you only have to agree on matters such as the price and scope of your service or delivery of your product. General Conditions thus create clarity and provide you with a lot of convenience and time-saving. Protect your business and make your own tailor-made General Terms and Conditions!

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GENERAL TERMS AND CONDITIONS

Definitions

: , established in , Chamber of Commerce no. .
Customer: the party which has entered into an agreement with.
Parties: and customer together.
Consumer: a customer who is an individual acting for private purposes.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of .
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

Consequences of late payment

If the customer does not pay within the agreed term, is entitled to charge from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to .
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by , he is still obliged to pay the agreed price to .

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement

The customer waives his right to settle any debt to with any claim on .

Delivery

Delivery takes place while stocks last.
Delivery takes place at unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by .

Delivery period

Any delivery period specified by is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to , failing which cannot be held liable for any damage.

Insurance

Guarantee

Indemnity

The customer indemnifies against all third-party claims that are related to the products and/or services supplied by .

Complaints

Giving notice

The customer must provide any notice of default to in writing.
It is the responsibility of the customer that a notice of default actually reaches (in time).

Joint and several Client liabilities

If enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to under that agreement.

Liability of

is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

The customer has the right to dissolve the agreement if imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by is not permanent or temporarily impossible, dissolution can only take place after is in default.
has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of in the fulfillment of any obligation to the customer cannot be attributed to in any situation independent of the will of , when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from .
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which cannot fulfill one or more obligations towards the customer, these obligations will be suspended until can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

The customer cannot transfer its rights deferring from an agreement with to third parties without the prior written consent of .
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what had in mind when drafting the conditions on that issue.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).

Drawn up on .

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What do these Terms and Conditions cover?
Depending on your type of business, customers, services and goods, other rules are covered in general Terms and Conditions. These Terms and Conditions cover:
- different options for a payment term
- delivery conditions
- the right to change the contract with your customer under certain circumstances
- the consequences for your customer if he pays late
- the rights and obligations in case of force majeure
- when and how your customer can complain
- warranties
- information and cancellation rights which must by law be included in certain consumer contracts
- the option for an intellectual property clause
- the option for a confidentiality clause
- the option for a penalty clause
- the option for a clause on retention of title
- the option for a retention right clause
- a liability clause

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Is the use of General Terms and Conditions mandatory?

There is no legal obligation to use General Terms and Conditions, but most entrepreneurs use them because they enable them to better protect their business interests. If you are a member of a trade association that uses General Terms and Conditions, you may be obliged to use those.
What must be in General Terms and Conditions?

There are no rules that determine what should be stated in Terms and Conditions. There are, however, legal rules that determine what is not allowed. You cannot draw up any condition you want. Certain conditions are prohibited or are not allowed under certain circumstances, because they are unreasonable. The prohibited General Conditions are on the so-called black list. The Conditions that are unreasonable depending on the circumstances can be found on the grey and blue list. By using our Terms and Conditions you can be sure that you do not use prohibited or unreasonable Conditions.
What Conditions are on the blue, grey and black list?

On the blue, grey and black list are (presumably) unreasonable Conditions that you may not use. If you would use them, a consumer can indicate that he is not bound by the Conditions. Please note: these lists serve to protect the consumer and therefore only apply to consumer law. In addition to the ordinary consumer protection, the law on distance selling also applies to the online purchase of the consumer, which gives these consumers extra protection. All the more reason to use professionally drawn up General Terms and Conditions.
Can I change my Terms and Conditions in the interim?

You can only change your General Terms and Conditions during the term of an agreement (such as with a subscription) if you have determined this in your Conditions. You must send the amended Conditions to the consumer. If the new Conditions are unfavourable to the consumer, he may reject them or terminate the agreement immediately.
Think about your information obligation!

You have the duty to make your General Conditions known to your customers. There are various ways to fulfil your information obligation, depending on the nature of your business. You can do this, for example, by stating the applicability of your Conditions in your Offer and the Conditions as an enclosure. For service providers, however, you can also refer to your General Conditions on your website in order to comply with your obligation to provide information. If you do not meet your obligation to provide information, the customer is not bound by your General Terms and Conditions.
How does the information obligation for webshops work?

Specific requirements regarding the obligation to provide information apply to online sales. For example, you should not only inform the consumer about your General Terms and Conditions, but you should also offer him the possibility to save them. In this way, you fulfil your obligation to provide information if you state your General Terms and Conditions on your website and have them downloaded by the consumer with an interactive button. Only publishing the Conditions on your website is not enough.
What is the right of withdrawal?

The right of withdrawal is another word for reflection time or cooling-off period. For distance selling (ie online or via telephone), the consumer has at least 14 days to indicate that he wants to cancel the purchase. You must provide the consumer with a form with which he can use his right of withdrawal. If you do not comply with your obligation to provide information, the cooling-off period is extended by 12 months.
Are there exceptions to the statutory cooling-off period?
Yes, with online sales the right of withdrawal does not apply to all goods. Excluded are:
- perishable goods
- tailor-made goods
- goods that can not be returned for hygienic reasons (underwear, swimwear, etc.)
- data carriers with digital content (DVDs, CDs, etc.)
Does the cooling-off period apply to goods in a store?

The cooling-off period (14 days) that consumers have only applies to distance purchases such as online purchases. The consumer does not have this right in the store. However, many retailers give the consumer the opportunity to return a product within a certain time as part of their service, but there is no legal obligation to do so.

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