The law states what is unreasonable and which conditions may be unreasonable (in Dutch). Unreasonable is for instance if you deny your customer certain legal rights. You are not allowed to have unreasonable conditions (in Dutch). You can file your general terms and conditions with the Chamber of Commerce (KVK) or with the court (in Dutch). If you do use general conditions, they apply to both you and your customer. Some sector organisations do enforce the use of general terms and conditions, for instance in childcare. Please contact your sector organisation ( MKB-Nederland, in Dutch) to find out if they have general terms and conditions for you to use.
In the Netherlands, several sector organisations, often together with consumer organisations, have jointly drawn up general terms and conditions. Legal requirements always apply to purchase agreements for you and your customer. You are not required to draw up general terms and conditions.
Are general terms and conditions mandatory?
General terms and conditions are not about specifics of your product or service, such as price or colour. General terms and conditions are part of the (purchase) agreement. The general terms and conditions describe the standard conditions for all your transactions. You do not have to use general terms and conditions, but if you use them, they apply to both you and you customer. The general terms and conditions state the rules that apply to both you and your customer.
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