For webshops and websites you may want to use general terms and conditions. These are conditions that the buyer or user will have to accept. The general terms and conditions describe what the buyer can expect from you and what you expect from the buyer. With the general terms and conditions you make clear what the agreements are regarding the sales process. When drawing up the general terms and conditions, you may sometimes need help. Here you can read all about drawing up general terms and conditions.
Why are terms and conditions important?
The general terms and conditions contain important agreements that apply to your website or company. When a customer agrees with the general terms and conditions, you run less risk. It is therefore important to draw up good and clear general terms and conditions.
By means of general terms and conditions, doing business becomes a lot easier. By being transparent, the customer will immediately see what your conditions are. You only have to draw up the general terms and conditions once. This saves a lot of time because you do not have to draw up new contracts again and again. All general information is already in the conditions.
The most important thing about the terms and conditions is that you can avoid risks and conflicts. You can protect yourself by means of the general terms and conditions. When both parties agree to the terms, both parties will also have to adhere to the agreements.
What exactly should be in the general terms and conditions?
In the general terms and conditions, a number of matters are discussed as standard. The most common things will be briefly explained here.
1. Conditions of liability
When you provide products or services, you can be held liable. This is the case, for example, with damage. In the liable conditions you can set clear conditions for this. It is not possible to exclude full liability. It is possible to make your liability smaller.
2. Payment terms
When delivering products, there is a payment term. This is the period within which customers must pay their bill. In the general terms and conditions you may include rules about the payment term. Customers will then have to adhere to this payment term.
3. Retention of title
If you want to protect your company, you can include a retention of title in the general terms and conditions. This means that the customer only really owns the products when he has paid. Until then, the products are still your property. If the customer cannot comply with the payment agreements, you may therefore request the products back.
4. Warranty of products
When you sell products, you have to provide a warranty. This means that the product must be qualitatively in order and that the customer is otherwise entitled to compensation. It is therefore not possible not to provide a guarantee. In the general terms and conditions you can give more information about the warranty.
5. Terms of delivery
When you deliver products, there are also delivery conditions attached to this. These are conditions that have to do with the delivery of products. You can provide information about delivery costs, delivery times and cancellation processes in the general terms and conditions.
Drawing up general terms and conditions
There are several ways in which you can draw up general terms and conditions. You can do sitting all by yourself or use examples. It is also possible to have the general terms and conditions written by a lawyer.
Webshop examples
If you have a webshop, you will have to offer general terms and conditions. After all, you offer products that people can order and buy. So you want to make clear agreements about this with the customer. When you have a webshop, there are a number of points that are included as standard in the general terms and conditions.
- The return period or cooling-off period of the consumer. The consumer may return the product when he has changed his mind. In the general terms and conditions you can include a return period yourself. A minimum of 14 days applies.
- Obligation of the consumer regarding payments. In the general terms and conditions you include the consumer’s payment obligation. For example, you determine how and when the customer can pay for the products.
- Warranty conditions. The customer is always entitled to warranty when he orders a product in a webshop. So you state what kind of warranty there is and how long it is valid.
- Delivery. At a webshop, products are ordered online and then delivered to the customer. The general terms and conditions therefore always include conditions about deliveries. This concerns, for example, delivery times and how the delivery will take place.
Using free generators
If you want to quickly draw up the general terms and conditions, you can use a free generator. With websites such as thuiswinkel.org and webwinkelkeur.nl you can use free generators for terms and conditions. You can download standard texts for webshops. This contains all the important points of the general terms and conditions. It is still the intention to fill in your own details in the texts. You can adjust the texts yourself, as long as you comply with the legislation. For example, it is legally required to offer a warranty and a two-week cooling-off period. You may therefore not change this in the general terms and conditions. It is possible to expand these points. So you can offer more warranty and a cooling-off period of more than two weeks.
In the general terms and conditions created by the standard generator, exceptions are also stated. It’s helpful to be aware of these exceptions and find out if they apply to you as well. This way you prevent misunderstandings with customers.
Have general terms and conditions written by lawyers
It is also possible to have general terms and conditions written by a lawyer. This will cost more time and money, but you are guaranteed watertight terms and conditions. A lawyer will draw up the conditions entirely on the basis of your webshop or company. When you draw up the general terms and conditions yourself, you may be able to overlook something. A lawyer will ensure that all important matters are correctly included in the general terms and conditions. A lawyer can also advise you on points and clauses that you want to include in the conditions.
It is also possible to hire a lawyer or lawyer to have the general terms and conditions checked. This is useful, for example, if you have made the conditions yourself, but have doubts about some points. A lawyer will then look at the conditions and possibly give advice on some clauses.
FAQ about terms and conditions
The terms and conditions of a website or store are always personal. This allows you to be left with questions after reading the general information. That is why the most frequently asked questions about the general terms and conditions are answered below.
1. Is it mandatory to include terms and conditions?
It is not mandatory to draw up general terms and conditions. It is highly recommended. With the general terms and conditions, the customer knows exactly what to expect from you, and vice versa. It also saves you a lot of time. You can present the general terms and conditions to any customer. Otherwise, you would have to include this again and again in a contract.
2. How do I point out the terms and conditions to customers?
Before a customer buys a product or requests a quote, he will have to agree to the terms and conditions. You will therefore have to point out the general terms and conditions to the customer. The customer must also be able to view the general terms and conditions. How you do this differs per type of company. With a webshop, for example, you can have customers click on a box stating that they agree with the conditions. Also offer a link to the actual general terms and conditions so that customers can view them.
In a physical store, you can point customers to the terms and conditions by placing a comment at the checkout. Make sure that you always have the terms and conditions at hand so that customers can also view them. When you offer quotes, you can send the general terms and conditions with the quotation.
3. Can I change the general terms and conditions just like that?
It is possible to change the general terms and conditions. When you enter into a new contract or a new agreement with a customer, the new conditions apply. When you change the general terms and conditions if there are still contracts or agreements running, you will have to pay attention. If you have included a change clause in the ‘old’ general terms and conditions, you may simply change the terms and conditions. This clause describes that you can change the general terms and conditions at any time without existing customers having to agree to this. You will have to inform the existing customers about the changes.
If you have not included a change clause in the ‘old’ general terms and conditions, the new conditions do not simply apply to customers with current contracts or agreements. The customers will first have to agree to the new general terms and conditions again.
4. What may I not include in the terms and conditions?
You may not just include everything in the general terms and conditions. The law contains a number of measures regarding the general terms and conditions. For example, it is not possible to completely waive your liability. For example, you will always have to include a cooling-off period of at least two weeks. It is therefore not possible to adjust these matters in your general terms and conditions.
In addition, the general terms and conditions must also be reasonable. For this, the rules are not so specific. A condition is unreasonable when the customer is severely disadvantaged. When a conflict arises, you will therefore have to be able to demonstrate that the condition was reasonable. For example, it is unreasonable that you cannot be reached for handling complaints.
5. What is the obligation to provide information?
When you draw up general terms and conditions, you will have to inform your customers of this. You will therefore have to point out to the customers that general terms and conditions apply. Customers should also be given the opportunity to read the terms and conditions.
With a webshop you comply with the obligation to provide information when you mention at checkout that there are general terms and conditions. You can share a link where the customer can read the general terms and conditions. In a physical store you can comply with the obligation to provide information in a number of ways. You can show the terms and conditions near the checkout. You can also give this on a receipt after the customer has settled.
6. What are the terms and conditions when I offer a service?
When you offer services, general terms and conditions also apply. However, these will be slightly different from the general terms and conditions for products. You can therefore include the following things in the general terms and conditions:
- The notice period of a contract or agreement for the customer.
- The payment term and payment method of the customer.
- Measures that you may take if the customer does not pay on time (for example, stopping the work).
- The conditions regarding overtime and unexpected work.
- Conditions for extending a contract.
7. What are the conditions regarding cooling-off period?
An important part of the general terms and conditions is the cooling-off period. This is the time when a customer is allowed to return a product. You will then have to pay the full purchase price back to the customer. The customer does not have to give a reason for the returns. The cooling-off period is at least 14 days. You may not make the cooling-off period shorter, but longer.
There are a number of exceptions to the cooling-off period. For certain types of products, the cooling-off period of 14 days does not apply. This applies, for example, to certain types of fresh food that can spoil. The cooling-off period also does not apply when products are individually made for a customer.
8. What do my products have to comply with?
When you offer products or services, customers can expect a certain quality. Your products must therefore meet certain conditions. For example, you have to deliver products that are complete and do what you promise. In addition, the product must also continue to work for a certain period of time, otherwise the customer may claim the warranty.
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