General terms and conditions (2024)

What is stated in the general terms and conditions?

As stated above, you may not include any core agreements in your general terms and conditions. What you are allowed to include in the general terms and conditions are, among other things, the payment conditions, warranty conditions, delivery terms or repair conditions. You may also include which branch organisation you are affiliated with or what happens in the event of any complaints.

What is the advantage of general terms and conditions?

If a customer accepts your general terms and conditions, all you have to do is agree on essentials, such as price and quantity. General terms and conditions create clarity and can save time.

How do you put the general terms and conditions into effect?

As an entrepreneur, you must ensure that you inform the consumer in time about your use of general terms and conditions. Subsequently, you must ensure that the consumer can actually consult the general terms and conditions. This can be done in various ways:

  • You give the general terms and conditions to the consumer before or at the time of the purchase/service. For example, by attaching them to the agreement or including them in the offer.
  • If it is not actually possible to make the general terms and conditions available, you can submit the general terms and conditions to the Chamber of Commerce or the Court for inspection. You must then let the consumer know where he or she can consult the terms and conditions.
  • If you sell via the Internet, you must make the general terms and conditions available online and make it possible for the consumer to save the terms and conditions. If this is not possible, you must send the terms and conditions to the consumer by post or e-mail.

Thus, you must make the conditions available to the consumer. Whether the consumer ultimately reads the conditions is his or her own responsibility.

Unreasonable general conditions

If you have not provided your general terms and conditions correctly or if the terms and conditions can be deemed unreasonable, the general terms and conditions may be invalidated. This is also referred to as 'nullifying the general terms and conditions'. You can then no longer derive any rights from them. The law contains examples of unreasonable general terms and conditions. When designing general terms and conditions, a legal expert will always take this into account.

For which clients do you use general terms and conditions?

It is wise to draw up separate terms and conditions for consumers and business clients. Consumers are subject to different rules than business customers, this is due to consumer protection. It may happen that small entrepreneurs and self-employed persons enjoy the same protection as consumers against unreasonable general conditions. This is also called 'reflex effect'.

In short, applying general terms and conditions can save you a lot of valuable time if done properly. When drawing up the general terms and conditions, make sure you use reasonable terms and conditions and subsequently offer the terms and conditions to your customers in the correct way.

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General terms and conditions (2024)

FAQs

General terms and conditions? ›

General terms and conditions are the rules that apply to an agreement. For example, when your customer buys a product or purchases a service from you.

What are the full terms and conditions? ›

“Terms and Conditions” is the document governing the contractual relationship between the provider of a service and its user. On the web, this document is often also called “Terms of Service” (ToS), “Terms of Use“, EULA (“End-User License Agreement”), “General Conditions” or “Legal Notes”.

What are the general terms and conditions of a website? ›

A website terms and conditions agreement informs your users of what to expect from your services or any other business you may conduct. A terms and conditions page is also known as terms of use and terms of service. There is no difference in definition; they all refer to the same type of agreement.

What is an example of good terms? ›

On a friendly footing, as in I'm on good terms with the manager, so I'll ask him to help you . Shakespeare used the phrase slightly differently in King Lear (1:2): “Parted you in good terms?” The precise current usage was first recorded in 1669.

Should I write my own terms and conditions? ›

Yes, you can write your own Terms and Conditions. Many large companies hire lawyers to write their Terms and Conditions. However, you don't need a lawyer or attorney to create legally enforceable Terms and Conditions.

Can you write anything in terms and conditions? ›

You can include pretty much whatever you want in your Terms and Conditions agreement. However, there are certain clauses that the courts won't enforce because they are considered to be "unfair" or "unconscionable." Some Terms and Conditions agreements contain an "exclusion of liability" clause.

What should I look for in terms and conditions? ›

For example, this section should include information on:
  • Prices.
  • Terms of payment.
  • Cost of shipping, handling, freight, and returns.
  • Fees on late payments and any interest added.
  • Fees for returned checks.

What is the meaning of general terms and conditions? ›

General terms and conditions are understood to mean: one or more stipulations that have been drawn up in order to be included in a number of agreements, with the exception of stipulations that indicate the core of the services.

What should I include in my terms of service? ›

Jump to Section
  • Description of the Service.
  • Accountability Provisions.
  • Liability Provisions.
  • Opt-Out Provisions.
  • Privacy Policies.
  • Acceptable Usage.
  • Right to Termination.
  • User Rights and Responsibilities.

What are standard terms and conditions in a contract? ›

Standard T&Cs provide certainty of terms where parties do not have a signed contract without the need for businesses to invest significant time and expense in drafting up specific terms for each individual transaction.

What is standard terms and conditions? ›

Standard (written) terms and conditions (T&Cs) are the legal basis on which you will be engaging with customers - and are essential when starting a business. It is recommended that you don't copy T&Cs from another business; no two businesses are exactly the same, plus they may not have obtained legal advice.

Do I need terms and conditions? ›

Your Terms and Conditions agreement helps you prevent abuses by setting out your right to terminate accounts of people who commit abuses. A Terms and Conditions agreement acts as a legally binding contract between you and your users.

What is a term and a condition? ›

Hence, the difference between terms and conditions is that the terms of a sale is the broad agreement between the two parties outlining a contractual relationship. The conditions are specific clauses that must be met for the deal to go through successfully.

Can you put anything in the terms and conditions? ›

You can include pretty much whatever you want in your Terms and Conditions agreement.

What is the short version of terms and conditions? ›

Terms and Conditions (T&C) – also known as Terms of Service, Terms of Use, or End User License Agreement (EULA) – represent a contract between you, the provider of a service, and your users. They are a legally binding document and allow you to set your rules, within applicable law.

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