Are general terms and conditions valid?
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Detailed explanation, checklist and sources
General terms and conditions are not automatically valid simply because they are on your website. Check whether they were agreed and made available in time.
General information about Dutch law · Reviewed on · How we work
On this page
Identify the agreement
This guidance concerns Dutch standard terms. Record parties, date, consumer or business purchase and version. International contracts require a separate applicable-law check. Standard terms are not generally mandatory; industry rules may differ.
ACMKVK — aanbiedenKVK — inhoud en klantenMake applicability clear in time
Before or when contracting, identify the terms applying to the quotation or order. Keep the contract, version and communication evidence. A separate signature or checkbox is not always mandatory but can provide evidence. Referring only to a later invoice is not a safe procedure.
ACMKVK — aanbiedenKVK — inhoud en klantenAllow reading and retention
Provide the text in time on paper or through an appropriate digital route. Online customers must be able to download and save it. Offline sales may require consent to electronic provision; some service providers have different rules. Check the applicable route. Filing terms with KVK does not automatically replace providing them.
ACMKVK — aanbiedenKVK — inhoud en klantenAssess content and customer type
For consumers distinguish the black list from the grey list: prohibited clauses versus presumed unfair clauses where rebuttal is possible. Clauses outside the lists may also be unfair. These consumer lists do not automatically apply to businesses; analogous protection may be relevant to small businesses. Obtain a case-specific assessment.
ACMKVK — aanbiedenKVK — inhoud en klantenCheck changes separately
Posting new terms does not automatically change an existing contract. Check the variation clause, reason, notice, start date and termination rights. Consumer subscriptions have additional requirements. A clause may be voidable without automatically removing the whole agreement.
ACMKVK — aanbiedenKVK — inhoud en klantenPrepare a concrete next step
For each clause record its text, the issue, evidence and desired clarification. Request missing terms and versions and keep replies. Do not copy competitors’ terms; tailor them to your services and customers. A dispute or challenge to validity may need legal assessment. Our help request sends nothing and does not approve terms.
ACMKVK — aanbiedenKVK — inhoud en klantenChallenging a term as a consumer
‘Payment conditions’ or ‘warranty provisions’ may also be general terms; the agreed main performance and price belong in the contract. Not having read terms does not automatically invalidate them: applicability, a genuine opportunity to read them beforehand and their substance matter. Ambiguous wording is interpreted in the consumer’s favour. You can write: ‘I annul clause [number/text] because [it is unreasonably onerous/I had no reasonable opportunity to read it beforehand]. I request [specific correction].’ Identify the contract, date and evidence. Failure to make terms available can affect the entire set; one unfair clause generally affects that clause. The purchase generally remains in force. If refused, seek legal advice; an affiliated disputes committee or the competent court can assess the dispute.
Your checklist
Prepare your next stepFill in and save · Word
Tick what you have checked or collected. Note what is missing and take your overview to a meeting.
Unless saved in My overview: Your entries stay only on this screen. Download before leaving; closing or reloading clears them. Do not enter identity numbers, passwords or unnecessary personal details.
What do you still need for your next step?
Item 1 / 3 · Where do you stand with this item?
Version of the terms and conditions
This overview follows your own answers. It does not assess your rights or guarantee that your file is complete.
Your choices stay here. Use the buttons below if you want to save or download.
View all details, notes and timeline
Your timeline and evidence
List events and contacts. Note where you keep the evidence; no upload is needed.
What goes in my timeline?
Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.
Is my evidence sent?
No. You only note where it is kept. No files are uploaded or sent automatically.
How do I save my timeline?
Your entries are not saved automatically. Choose Save and continue later to store this preparation, including your timeline, in My overview. Wait for confirmation and save new changes again. You can also download a Word file without an account.
Up to 20 events. Choose a different position for an event to change the order.
0 / 3 · Checked or collected
For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.
Describe the solution you would like, such as an explanation of a deduction and repayment of the outstanding amount.
For example: which document is missing, who can provide it and what should I do first?
Record the date and its source. If unknown, note this and check promptly. This tool does not calculate or monitor deadlines.
After your conversation
These are your own notes. Confirm agreements with the other person; these notes do not prove their agreement.
This is your preparation, not a submitted request, objection or legally reviewed document. A tick records only your own progress. Check the procedure and deadline in the original letter.
Save and continue later
Clear entries
Download anything you want to keep first. Clearing cannot be undone.
- Version of the terms and conditions
- Quotation and acceptance
- Proof that the terms were made available
Frequently asked questions
Is every clause enforceable once the customer agrees?
No. Applicability and substantive validity are different questions. In particular, have liability and termination clauses assessed.