General terms and conditions form the basic rules for a purchase or agreement. They include provisions on delivery, payment terms, and liability. Unreasonable conditions can be challenged and annulled.
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 terms and deadlines
- Payment arrangements
- Warranty and complaint handling
- Responsibility and liability
- Return policy
Validity of Terms and Conditions
General terms and conditions are only legally valid 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 implicitly accepted them
Black and Grey Lists in the Law
The law includes two categories of unreasonable conditions:
- 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 Provisions
- Prohibiting the dissolution of a contract
- Limitations on statutory warranties
- Complete exclusion of liability
Annulment of Unreasonable Conditions
Consumers have the right to have unreasonable conditions annulled. The relevant clause then becomes invalid, while the rest of the contract remains in effect.
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 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 unpaid amounts.
What to do in case of unfair practices?
You can file a complaint with the Consumers' Association, the government, or initiate legal proceedings.
What is a credit agreement?
A credit agreement sets out the terms for borrowing money, including interest and repayment.
Legal Assistance in Leiden
For legal advice on general terms and conditions in Leiden, you can go to the Juridisch Loket Leiden at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles cases related to consumer law and contract disputes.