When starting business activities in The Netherlands, it’s suggested to draft General Terms and Conditions and publish them via filing at the Chamber of Commerce (Kamer van Koophandel).
With general terms and conditions, it is immediately clear what rights and obligations you and your customer have. The so-called ‘small print’ will save you a lot of time. Your customers know exactly where they stand.
General terms and conditions can reduce the risks that you run as an entrepreneur. Important points stated in the general terms and conditions are, for example:
- Liability. As an entrepreneur, you can, in principle, be held liable for all direct damage (for example property damage) and indirect damage (for example lost profit or consequential damage). You may never exclude your entire liability, but you can better limit it through your terms.
- Term of payment. If nothing has been agreed upon, the legal payment term for invoices between SMEs and self-employed people is 30 days. If you want a shorter payment period for your invoices, you must explicitly record this in your general terms and conditions or agreed in a contract.
This guide is part of Legal Assistance Netherlands in our Launch Guide.
