General terms and conditions form the basic rules for a purchase or agreement. They include provisions on delivery, payment, and liability. Unreasonable rules can be challenged and declared invalid.
Definition of General Terms and Conditions
General terms and conditions are uniform rules that a company applies to all its contracts. They cover topics such as:
- Delivery periods and shipping
- Payment terms and deadlines
- Warranty and complaint handling
- Liability and responsibility
- Return policy
Validity Requirements
General terms and conditions are only binding if:
- They have been handed over before or during the conclusion of the contract
- The consumer has had the opportunity to review them
- The consumer has explicitly or implicitly accepted them
Black and Grey Lists in the Law
The legislation recognizes two categories of unreasonable terms:
- Black list (Article 6:236 BW) - These are invalid by definition
- Grey list (Article 6:237 BW) - These are considered unreasonable unless proven otherwise
Examples of Black List Provisions
- Prohibiting the dissolution of an agreement
- Limiting statutory warranty
- Completely excluding liability
Nullification of Terms
As a consumer, you can have unreasonable terms nullified. This means that the specific provision does not apply, while the rest of the contract remains intact.
Obligations for Webshops
Online stores must make their general terms and conditions accessible before the purchase and offer the option to download or print them.
Frequently Asked Questions about General Terms and Conditions
What does my right to return entail?
For purchases via the internet, you have 14 days to return without reason, except for statutory exceptions.
What is the duration of the statutory warranty?
Products must function for at least 2 years. Defects within 6 months are presumed to have been present at the time of purchase.
Can I claim interest on outstanding amounts?
Yes, you can claim statutory interest (approximately 8% per year) on the amount due.
What to do in case of unfair practices?
You can report it to the Consumentenbond, a government authority, or initiate legal proceedings.
What does a credit agreement entail?
A credit agreement specifies how you borrow money, what interest rate applies, and how repayment takes place.
Practical Tips for Consumers in Rijswijk
Do you live in Rijswijk and have questions about general terms and conditions or a dispute with a company? You can contact the Juridisch Loket Rijswijk for free advice. For legal proceedings, Rijswijk falls under the Rechtbank Den Haag, where consumer law cases are handled.
Additional Frequently Asked Questions
How do I check the validity of general terms and conditions?
Terms are only binding if you received or had the opportunity to review them before or upon entering into the agreement. For online purchases, they must be clearly visible and savable. Otherwise, they may be declared invalid.
What if I discover an unreasonable clause?
You can challenge it in court or file a complaint with the Authority for Consumers and Markets (ACM). Black list terms are directly invalid, while grey list terms are assessed further.
Am I required to accept terms?
No, you can refuse and negotiate or shop elsewhere. However, without objection, you accept them tacitly upon entering into the agreement.
What are typical unreasonable terms?
Think of excluding rights of dissolution, limiting warranty, or rejecting all liability. These often fall under the black or grey list and are challengeable.
How much time do I have to read the terms?
You must have the opportunity to review them before or during the conclusion of the contract. For webshops, this must be before placing the order. If not, they may be invalid.
May a company amend terms?
Yes, but amendments only apply to new contracts. For ongoing agreements, old terms remain in force unless otherwise agreed. You must be informed of changes.
What if a clause is declared invalid?
Then only that specific rule lapses, while the rest of the agreement remains in place.