When are my General Terms and Conditions applicable?

Dutch law has strict rules with respect to the use of General Terms and Conditions. To make sure your General Terms and Conditions are applicable you have to comply with these rules. General Terms and Conditions are applicable when they are concluded. Therefore they need to be offered by you and accepted by your contracting partner. You can fulfill this obligation by submitting your terms and conditions in writing, in a language your contracting partner understands, before or while entering into the agreement. Make sure your contracting partner signs for receipt. When contracting with a consumer or a small/medium-sized company it is important to be aware of the fact that these parties will be protected under Dutch contracting law. If a clause in your General Terms and conditions is unreasonably burdensome for a consumer or small/medium-sized company, the clause is voidable.

Related Questions

What is a management agreement? Why would your company need one?
Companies are not obligated to have General Terms and Conditions. However, we would recommend them. Why?
Many subjects can be dealt with in the articles of association. So why not lay down all agreements in the articles of association? Why conclude a shareholders agreement as well?
To make sure all of the contracts are legally binding, they have to be drawn up and conducted correctly under Dutch law.