Enterprise and Business
General terms and conditions
One of the things you want to have properly regulated as a business owner is your “general terms and conditions”. Examples of provisions in general terms and conditions are provisions relating to invoicing, methods of terminating the agreement, delivery deadlines and liability.
Unnecessary provisions in general terms and conditions
General terms and conditions regularly contain provisions that are actually superfluous. Many subjects are already regulated by law and therefore do not require further mention in the general terms and conditions. Consider, for example, the provision that a contract is concluded by offer and acceptance. This rule of law is already included in Article 6:217 of the Dutch Civil Code and as such does not need to be included in the general terms and conditions.
Relevant provisions in general terms and conditions
Of course there are also matters of which it is advisable to include them in the general terms and conditions. For example, for a company with a high liability risk it may be useful to devote a provision in the general terms and conditions to limiting liability to a certain amount.
Declaring general terms and conditions applicable
Once you have general terms and conditions, it is also important that you declare them applicable in the right way. In practice, it often happens that, with hindsight, the general terms and conditions have not been declared applicable in the right way.
Need a lawyer with knowledge of general terms and conditions?
Do you need help drafting your general terms and conditions or do you want to have them screened? Then at LVH Advocaten you have come to the right place. Our lawyers will be happy to assist you. Contact us now
More about enterprise and business:
Click further if you would like to know more about how we can advise you in the following areas/topics:
SPECIALIZED LAWYERS
These are our lawyers who specialize in this area.
More about Entrepreneurship & Business
Lifting of pledge ban
A very large percentage of SMEs (figures 2022; 82%) have financing from a bank. Naturally, a financing bank wants security that the credit provided will be repaid. An important form of security is the provision of a pledge on trade receivables.
Is your personnel handbook up to date?
As an employer, it is important to record all internal rules within your company in a personnel handbook. Even if you only have a few employees, it is important to clarify what you do or do not accept within your company. Therefore, make sure you have a personnel handbook or regulations that includes your terms and conditions of employment and rules of order. This will prevent discussions and problems.
External entrepreneurship is fully taken into account when assessing pseudo self-employment
The Supreme Court has made an important ruling on the employment relationship between Uber and its drivers. This ruling has far-reaching consequences for self-employed people without employees and the question of whether they are truly self-employed or pseudo self-employed.