Terms and Conditions Article

Terms and Conditions
You buy something and agree to the terms and conditions without reading them in advance. Almost everyone does this. In fact, you may have agreed to something that you would not agree with in the first place. Fortunately, you are not always stuck with this.

What are general terms and conditions
Terms and conditions are the standard rules drawn up by an organization. These rules apply to every agreement that this organization concludes. Terms and conditions protect companies from common risks and prevent possible problems after the conclusion of an agreement. Another advantage is that general terms and conditions save a lot of time for the company. This is because rules do not have to be agreed with each customer separately, but only the general terms and conditions can be referred to. This also saves on paperwork, since the general terms and conditions do not have to be printed out.

Unreasonable clause in general terms and conditions
Despite the fact that general terms and conditions have many advantages for the company, it is not the intention that the company has a greater advantage over the counterparty. It is of course logical that the organization processes points that are favorable to them, but this should not cause such a disadvantage to the counterparty. Of course, the legislator also knows that the majority of people agree with the general terms and conditions. It would also not be practical to have to read them all the way through every time. For this reason, the legislator has determined what may be stated in the general terms and conditions. Or more importantly, what should not be in the general terms and conditions. These unreasonable clauses are listed in the black and grey list. However, only consumers can rely on this. As a company, you will have to be able to demonstrate why the general terms and conditions are unreasonable. That is of course a lot more difficult.

Blacklist
If the clause is on the blacklist, it is unreasonably onerous. The clause in the general terms and conditions is then voidable. The conditions on the blacklist infringe the rights of one of the parties. Some examples of unreasonably onerous clauses that are included in the blacklist:

• The condition deprives the right to claim consideration
• The condition that excludes or limits dissolution
• The condition that excludes or limits a competent suspension

Grey list
If the clause is on the grey list, it is presumed to be unreasonably onerous. Here the author of the general terms and conditions still has the opportunity to demonstrate that the conditions are still reasonable. If the conditions are nevertheless unreasonably onerous, the clause in the general terms and conditions is voidable. These conditions are less likely to infringe the rights of either party than the conditions mentioned in the blacklist. Some examples of presumably unreasonably onerous clauses that are included in the grey list:

• The condition that gives the author the authority to deliver a deviating product without the other party being allowed to dissolve
• The condition that gives the drafter too long a period to deliver
• The condition that excludes or limits a competent set-off

What else can we do for you?
Have you agreed to unfavorable terms and conditions? Please feel free to contact us. We can check whether the clause in the general terms and conditions is unreasonably onerous and can help you with this. If you want to have good general terms and conditions drawn up, so that you do not get into trouble later, you can always contact us. We can draw up general terms and conditions for you that legally comply with everything. Call or email us:  

040-8444523 or info@agajuristen.nl

Author
Maryleny Zonneveld (Jurist AGA Lawyers)Written on: 27 May 2021

The above article is described as accurately as possible, yet the above article may contain human error, be incomplete or may no longer be up to date years later. AGA Lawyers does not receive any compensation for this information if it is used, and is therefore in no way liable for the information in the above article. The copyrights of the above article lie with AGA Lawyers and Maryleny Zonneveld. The above article may not be copied or published by others without our permission on paper.