For almost every business, general terms and conditions are essential. These standard clauses provide the legal foundation for your business relationships and protect your company from unnecessary risks. The lawyers at Guldemond Advocaten have extensive experience in drafting, implementing and enforcing general terms and conditions that are not only legally conclusive, but also practically workable.

The importance of good general terms and conditions

General terms and conditions are more than just a legal formality. They provide structure to your business relationships and prevent ambiguities. At the same time, the law imposes strict requirements on both the content and use of general terms and conditions. Especially in relationships with consumers, care is needed.

Applicability and duty to inform

One of the most crucial aspects of general terms and conditions is correct applicability. It is not enough to simply refer to the existence of general terms and conditions. The law requires that you give your counterparty a reasonable opportunity to become familiar with the terms and conditions. In practice, this means:

• With consumers, the terms must actually be provided before or at the conclusion of the contract
• For online transactions, there should be a clear opportunity to read and save terms and conditions
• If physical provision is not possible, reference should be made to an accessible location such as the commercial register

Content requirements

The law sets clear limits on what you can and cannot include in general terms and conditions. Strict rules apply especially in relationships with consumers. The Civil Code has two important assessment frameworks for this: The black list Provisions on this list are always unreasonably onerous and therefore voidable. These include clauses that exclude the right to performance or unreasonably aggravate the other party’s burden of proof. The gray list This contains clauses that are presumed to be unreasonably onerous. The user can refute this presumption, but bears the burden of proof for this. Examples include far-reaching restrictions on the right of set-off or unreasonably short deadlines for complaints.

Customization for your business

Effective general terms and conditions are tailored to your specific business situation. We therefore look at:

• The nature of your business activities
• The type of customers you do business with
• Specific risks in your industry
• Your operational processes
• The way you enter into agreements

Practical support

Our lawyers support you in all aspects of general terms and conditions: Drafting and updating We provide terms and conditions that are not only legally correct, but also practically applicable in your daily business operations. Implementation We advise on the correct method of application and integration into your business processes. Disputes In case of conflicts regarding the application of general terms and conditions, we assist you with advice and litigation assistance.

Preventive approach

Prevention is better than cure. We therefore also help you with:

• Training your employees on the use of general terms and conditions
• Periodic review of your terms and conditions for timeliness
• Risk management advice
• Implementation of effective procedures

Contact

Need to have your general terms and conditions drafted or updated? Or do you have a dispute about the application of general terms and conditions? If so, please contact Guldemond Advocaten.