Key takeaways
- General terms and conditions protect you and your customer.
- Include delivery, payment, returns, warranty and liability.
- Make sure customers can read them before purchasing.
- Have them checked or drawn up based on a reliable model.
This guide concerns a Dutch consumer webshop. Start with your actual process: when do you accept an order, what delivery promise do you make and how do you handle complaints? Adapt terms to that process and have them checked. Mandatory product, price and return information also belongs in the appropriate places.
> This is general explanation, not legal advice. For your specific situation, consult with a lawyer or a reliable model source.
What exactly are general terms and conditions?
These are the fixed agreements that apply to every order in your webshop: how you deliver, how payment works, how returns are made, what your warranty is, and what happens if something goes wrong. By recording this in advance, everyone knows where they stand — and you are in a stronger position if a customer claims something that you had not agreed on.
Are they mandatory?
Terms can collect agreements, but they do not replace pre-contract information duties. Display price, delivery and applicable returns information clearly in the appropriate places. According to ACM ConsuWijzer on withdrawal, for example, stating return costs only in terms is not sufficiently clear. The usual consumer cooling-off period has exceptions; check which apply to your offer.
What belongs in it?
A set of general terms and conditions for an online store usually contains:
- your company details (name, address, Chamber of Commerce and VAT number);
- how an order is made and confirmed;
- the prices and that they include VAT;
- the payment (methods, moment);
- the delivery (delivery time, shipping costs, what to do in case of delay);
- The applicable right of withdrawal and any statutory exceptions, without restricting consumer rights. See also: return policy.
- warranty and complaints — how a customer files a complaint;
- liability — the limits thereof, within the law;
- a reference to your privacy statement for handling data (see GDPR and privacy).
How do you get good conditions?
Three routes:
- A reliable model or generator — there are models and online generators especially for web shops. A great, affordable start, provided you adapt it to your situation.
- Through a trade association or quality mark — some offer model terms and conditions for members.
- A lawyer — the safest, especially for special products or risks, but the most expensive.
There is one thing you should not do: blindly copy the terms and conditions of another webshop. They may not suit your situation, may be outdated, and it is not neat. Use a model intended for your type of shop and make it your own.
Where do you put them?
Open checkout as a new customer on a phone. Can you open, read and keep the terms before ordering? Test a downloadable version, for example, and internally record which version applied to an order. A consent box alone does not prove accessibility. See the explanation from ACM.
The difference with your privacy statement
General terms and conditions concern the agreements regarding purchase and delivery. Your privacy statement is about how you handle personal data (the GDPR). These are two separate documents that both belong on your site. You can read about the privacy side in GDPR and privacy for your webshop.
Common mistakes
- Have no general terms and conditions at all.
- Copy the terms and conditions of another shop indiscriminately.
- Not (properly) stating the 14-day cooling-off period.
- Hiding or making the terms and conditions unreadable.
- Mixing up terms and conditions and privacy statement.
Frequently asked questions
Are general terms and conditions mandatory for a webshop?
Terms are not mandatory in every situation. Mandatory information must still be provided clearly and in time; a link to terms alone is not always sufficient. Have your terms and consumer process checked for your situation.
What is the minimum requirement?
Include appropriate terms on orders, prices, payments, delivery and complaints without restricting statutory consumer rights. Check the applicable right of withdrawal and exceptions; ensure mandatory information is also clearly provided outside the terms.
Can I use the terms and conditions of another webshop?
Avoid copying them. They may not suit your situation and may be outdated. Use a model intended for your type of shop and customize it.
Where do I put my general terms and conditions?
On a fixed page, linked in your footer, and you refer to it during checkout. Many online shops allow the customer to tick the box to agree at checkout.
What is the difference with a privacy statement?
General terms and conditions concern purchase and delivery; the privacy statement concerns how you handle personal data. They both belong on your site.
Get started
Choose a reliable model for web shops, adapt it to your situation, and put your conditions on a permanent page with a link in your footer and at the checkout. Work out the right of return in your returns policy and also provide a privacy statement. If you start at the beginning, go through the step-by-step plan to start an online store.
