General terms and conditions form the basic rules for a purchase or agreement. They include provisions on delivery, payment, and liability. However, unreasonable rules can be challenged and annulled.
Definition of General Terms and Conditions
General terms and conditions are uniform rules that businesses apply to all their contracts. They cover topics such as:
- Delivery conditions and terms
- Payment arrangements and deadlines
- Warranty provisions and complaint handling
- Liability and responsibility
- Return policy
Validity Requirements
General terms and conditions are only binding 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
The law provides two categories of unreasonable clauses:
- Black list (art. 6:236 DCC) - These are invalid by definition
- Grey list (art. 6:237 DCC) - These are considered unreasonable unless proven otherwise
Examples of Black List Provisions
- Prohibiting the dissolution of an agreement
- Limiting statutory warranties
- Completely excluding liability
Annulment of Clauses
As a consumer, you can have unreasonable clauses annulled. The relevant provision then lapses, while the rest of the contract remains in effect.
Obligations for Webshops
Online stores are required to make general terms and conditions accessible before purchase and offer the option to download or print them.
Frequently Asked Questions about General Terms and Conditions in Utrecht
What does my right of withdrawal entail?
For purchases made online, you have a 14-day cooling-off period to return without reason, except for statutory exceptions.
What is the duration of the statutory warranty?
Products must function for at least 2 years. Defects within 6 months are presumed to have been present at the time of purchase.
Can I claim interest on outstanding amounts?
Yes, you can claim statutory interest (approximately 8% per year) on an outstanding debt.
What to do in case of unfair practices?
You can file a complaint with the Consumers' Association, a government authority, or submit the matter to the court.
What is a credit agreement?
A credit agreement sets out the conditions for borrowing money, including interest and repayment.
Contact and Assistance in Utrecht
For legal questions or disputes, you can contact:
- District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht