General terms and conditions form the basic rules for purchases and agreements. They include provisions on delivery, payment and responsibilities. Unreasonable rules can be challenged and annulled.
Definition of General Terms and Conditions
General terms and conditions are uniform rules that businesses apply to their contracts. They cover topics such as:
- Delivery periods and conditions
- Payment arrangements and periods
- Warranty and complaint handling
- Responsibility and liability
- Return policy
Validity Requirements
General terms and conditions are only binding if:
- They have been handed over before or during the conclusion of the agreement
- The consumer has had the opportunity to review them
- The consumer has explicitly or implicitly accepted them
Black and Grey List Clauses
The law distinguishes two categories of unreasonable clauses:
- Black list (Article 6:236 DCC) - Directly invalid and void
- Grey list (Article 6:237 DCC) - Presumed unreasonable, but can be disputed
Examples of Black List Clauses
- Prohibiting the dissolution of an agreement
- Limiting statutory warranties
- Completely excluding liability
Annulment of Clauses
If a consumer encounters an unreasonable clause, it can be annulled. The specific provision then lapses, while the rest of the contract remains in effect.
Obligations for Webshops
Online stores are required to make general terms and conditions accessible before purchase and offer the option to download or print them.
Frequently Asked Questions about General Terms and Conditions
What does my right of withdrawal entail?
For purchases via the internet, you have a 14-day cooling-off period without needing to provide a reason, except for statutory exceptions.
How long is the statutory warranty valid?
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 unpaid amounts.
What to do in case of unfair practices?
You can report it to the Consumentenbond, the authorities or initiate legal proceedings.
What is a credit agreement?
A credit agreement sets out the conditions for borrowing money, including interest and repayment.
Legal Assistance in Zoetermeer
For legal advice on general terms and conditions, you can go to the Juridisch Loket Zoetermeer. Disputes are often handled by the Rechtbank Den Haag, under which Zoetermeer falls.