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General Terms And Conditions Of Contract

General Terms And Conditions Of Contract Template for Netherlands

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Key Requirements PROMPT example:

General Terms And Conditions Of Contract

"I need General Terms and Conditions of Contract for my new e-commerce platform launching in March 2025, selling sustainable fashion products to Dutch consumers, with specific focus on return policies and sustainable packaging requirements."

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Document background
General Terms And Conditions Of Contract are essential legal documents used by businesses operating in the Netherlands to establish standardized rules and conditions for their commercial relationships. These terms and conditions must comply with Dutch Civil Code requirements, particularly Books 6 and 7, and incorporate relevant EU regulations. The document serves as the foundation for all business transactions, whether B2B or B2C, and must be properly communicated to and accepted by the counterparty to be legally enforceable. When dealing with consumers, specific mandatory consumer protection provisions must be included, and the terms must be clearly written and easily accessible. The document typically covers aspects such as contract formation, delivery terms, payment conditions, liability limitations, and dispute resolution mechanisms, all while ensuring compliance with Dutch legal requirements.
Suggested Sections

1. Applicability and Formation: Defines scope of T&Cs and how they become part of agreements

2. Definitions and Interpretation: Defines key terms used throughout the document and interpretation rules

3. Offer and Acceptance: Describes how contracts are formed, including validity periods of offers and acceptance procedures

4. Prices and Payment Terms: Details pricing structure, payment methods, terms, and consequences of late payment

5. Delivery and Performance: Specifies delivery terms, timeframes, and performance obligations

6. Warranties and Conformity: States warranties provided and product/service conformity requirements

7. Liability and Indemnification: Sets out liability limitations and indemnification obligations

8. Force Majeure: Defines force majeure events and their consequences

9. Duration and Termination: Specifies contract duration, renewal terms, and termination conditions

10. Intellectual Property: Addresses IP rights ownership and usage

11. Confidentiality: Defines confidential information and protection obligations

12. Governing Law and Jurisdiction: Specifies applicable law (Dutch) and competent courts

Optional Sections

1. Consumer Right of Withdrawal: Mandatory for B2C distance selling, detailing the 14-day cooling-off period

2. Data Protection and Privacy: Required when personal data is processed, ensuring GDPR compliance

3. Electronic Communication: Needed for online businesses, covering electronic contracts and communications

4. Returns and Refunds: Important for retail businesses selling physical goods

5. Service Level Agreements: Relevant for service providers, defining service levels and metrics

6. Insurance: Required for high-risk activities or when mandatory by law

7. Subcontracting: Needed when services may be subcontracted to third parties

8. Compliance with Laws: Important for regulated industries or specific business sectors

Suggested Schedules

1. Price List: Detailed pricing information and structure

2. Service Specifications: Detailed description of products or services covered

3. Privacy Notice: Detailed privacy policy and data processing information

4. Return Form: Standard form for consumer returns (mandatory for B2C distance selling)

5. Complaint Procedure: Process for handling customer complaints

6. Technical Requirements: Technical specifications or requirements for service usage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Retail

E-commerce

Professional Services

Software and Technology

Manufacturing

Wholesale

Construction

Healthcare

Financial Services

Hospitality

Transportation and Logistics

Telecommunications

Relevant Teams

Legal

Commercial

Compliance

Sales

Operations

Customer Service

Risk Management

Business Development

Management

Finance

Marketing

Relevant Roles

Legal Counsel

Commercial Director

Compliance Officer

Business Development Manager

Sales Manager

Contract Manager

General Counsel

Operations Manager

Customer Service Manager

E-commerce Manager

Risk Manager

Managing Director

Industries
Dutch Civil Code (Burgerlijk Wetboek) - Book 6, Articles 231-247: Contains the main legal framework for general terms and conditions, including rules about their validity, incorporation into contracts, and provisions regarding unfair terms
EU Directive 93/13/EEC on Unfair Terms in Consumer Contracts: Implemented in Dutch law, this directive provides protection against unfair terms in consumer contracts and includes a list of terms that are presumed to be unfair
Dutch Consumer Protection Act (Wet handhaving consumentenbescherming): Regulates business-to-consumer relationships and enforces consumer protection rules, including requirements for transparency and fairness in T&Cs
Services of the Information Society Act (Wet koop op afstand): Relevant for online business operations, containing specific requirements for distance selling and electronic commerce
EU General Data Protection Regulation (GDPR) / Dutch GDPR Implementation Act: Essential when T&Cs include provisions about personal data processing, requiring specific privacy-related clauses and consent mechanisms
Dutch Telecommunications Act (Telecommunicatiewet): Relevant for electronic communication services and online activities, including rules about cookies and electronic marketing
Act on the Enforcement of Consumer Protection Laws: Provides framework for enforcement of consumer protection rules and penalties for non-compliance
Dutch Competition Act (Mededingingswet): Relevant for B2B relationships, ensuring T&Cs don't contain anti-competitive provisions
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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