General terms and conditions form the basic rules for a purchase or agreement. They include provisions on matters such as delivery, payment, and liability. Unfair clauses can be challenged and annulled.
Definition of General Terms and Conditions
General terms and conditions are fixed rules that businesses apply to all their contracts. They cover topics such as:
- Delivery conditions and terms
- Payment arrangements and deadlines
- Warranty and complaint handling
- Liability and accountability
- Return policy
Validity Requirements
General terms and conditions are only binding if:
- They have been provided before or during the conclusion of the agreement
- The consumer has had the opportunity to review them
- The consumer has explicitly or tacitly accepted them
Black and Grey Lists
The law specifies two categories of unfair terms:
- Black list (Article 6:236 DCC) - These are invalid by definition
- Grey list (Article 6:237 DCC) - These are considered unfair unless proven otherwise
Examples of Black List Provisions
- Excluding rights of rescission
- Limitations on statutory warranties
- Total exclusion of liability
Annulment of Terms
Consumers can have unfair terms annulled. The relevant provision then lapses, but the rest of the contract remains in force.
Obligations for Webshops
Online stores are required to make general terms and conditions accessible before purchase and offer the option to save or print them.
Frequently Asked Questions about General Terms and Conditions
What does my right of withdrawal entail?
For purchases made online, you have a 14-day cooling-off period without needing to provide a reason, except for statutory exceptions.
What is the duration of the statutory warranty?
Products must function for at least 2 years. Defects within the first 6 months are presumed to have been present at the time of purchase.
Can I claim interest on outstanding amounts?
Yes, you are entitled to statutory interest (approximately 8% per year) on the amount due.
What to do in case of unfair practices?
You can report it to the Consumers' Association, a government authority, or file a case with the court.
What does a credit agreement entail?
A credit agreement specifies how you borrow money, the applicable interest rate, and the repayment method.
Practical Questions and Answers
How can I check if general terms and conditions are legally valid?
Terms are only valid if you received or had the opportunity to review them before or at the conclusion of the agreement. For online purchases, they must be clearly visible and downloadable or printable. Otherwise, you may be able to challenge them.
What if I encounter an unfair clause?
You can have an unfair provision reviewed by the court or file a complaint with the Authority for Consumers and Markets (ACM). Black list provisions are directly invalid; grey list provisions can be contested.
Am I required to accept general terms and conditions?
No, you do not have to accept them. If you disagree, you can negotiate or choose another provider. However, without objection, you accept them tacitly.
What are typical unfair terms?
Think of excluding rights of rescission, limiting warranty, or totally excluding liability. These often fall under the black or grey list and can be annulled.
How much time do I have to review the terms?
You must have the opportunity to read them before or during the conclusion of the agreement. For online purchases, this must be before placing the order. If you receive them later, they may not be binding.
Can a business change terms at will?
Yes, but changes only apply to new contracts. For ongoing agreements, the original terms remain applicable unless you agree to changes. The business must inform you of changes.
What if a provision is declared invalid?
If a clause is null and void, it lapses, but the rest of the agreement remains in effect.
Local Information: For legal advice in Westland, visit Juridisch Loket Westland. Disputes can be submitted to the District Court of The Hague (district).