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.
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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
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
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
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