Terms & Conditions for Your Website: What to Include

Terms and conditions, known as algemene voorwaarden in Dutch, are the rules your customers agree to when they buy from you or use your service. They set expectations, limit your liability and give you something to point to when a dispute comes up.

You don't technically need them for every type of website. But if you sell anything online, you'd be foolish not to have them.

Are terms and conditions required by law?

For most service websites, no. There's no Dutch or EU law that says every website must have terms and conditions. A consultant's portfolio site or a restaurant's homepage can exist without them.

For webshops, the story is different. Dutch consumer law and the EU Consumer Rights Directive require you to give buyers specific pre-contractual information before they complete a purchase. Terms and conditions are the standard way to do that. In practice, every webshop needs a proper set of T&C.

If you're a member of Thuiswinkel Waarborg, you're required to use their standard terms.

What to include in your terms and conditions

Here's what belongs in a solid set of terms. Not all sections apply to every business. A freelance designer needs different terms than an online clothing store.

1. Your business identity

Start with who you are. Include your legal business name as registered with KVK, your KVK number, address and contact details. This overlaps with what the law already requires you to display on your website, but it should also be in your T&C.

2. Description of products or services

Be clear about what you're offering. For a webshop, describe your product categories and any limitations. For a service business, describe the scope of what's included. Vague descriptions lead to disputes.

3. Pricing and payment terms

State whether your prices include BTW. List accepted payment methods. If you charge extra for certain payment methods, say so. Specify when payment is due and what happens if a customer doesn't pay on time.

For subscriptions, spell out the billing cycle, auto-renewal terms and how to cancel.

4. Delivery terms and timelines

Tell customers when they can expect to receive their order. Under Dutch consumer law, the default delivery period is 30 days unless you agree on something else. If you can't deliver within that period, the customer has the right to cancel.

For digital products or services, describe how and when access is provided.

5. Cancellation and withdrawal rights

EU consumer law gives online buyers a 14-day cooling-off period (bedenktijd). During those 14 days, customers can return products for any reason and get a full refund. Our withdrawal rights guide covers this in detail.

Some exceptions exist: perishable goods, opened hygiene products, personalized items and started digital downloads. But you must inform customers about these exceptions before they buy.

6. Liability limitations

You can limit your liability for indirect damages, set a maximum compensation amount and exclude liability for things outside your control. Be reasonable though. Dutch courts won't enforce clauses that are blatantly unfair to consumers. You can't exclude liability for intentional misconduct or gross negligence.

7. Complaint handling procedure

Tell customers how to complain and what to expect. Include a contact email or form and state how quickly you'll respond. Under Dutch law, you should respond within 14 days.

You also need to point customers to an alternative dispute resolution body if you can't resolve it directly. The EU ODR platform has been removed, so check the current requirements for your industry.

8. Applicable law and dispute resolution

State that Dutch law applies to your terms. If you sell to consumers in other EU countries, be aware that consumers always retain the protection of their local consumer laws, regardless of what your T&C say. You can't override that.

Specify which court has jurisdiction in case of disputes.

Dutch-specific requirements

A few things are specific to the Netherlands.

KVK filing. You can file your terms and conditions with the Kamer van Koophandel. This isn't required, but it creates a public record of your terms. It used to be more common, but many businesses now just publish them on their website instead.

Thuiswinkel voorwaarden. If you use the Thuiswinkel model terms, you get a standardized set of conditions that Dutch consumers recognize and trust. These cover all the required elements and are updated when the law changes. It's a paid membership, but it's worth considering for webshops.

Language. If your target audience is Dutch, write your terms in Dutch. Using English-only terms for a Dutch-facing webshop is a common mistake. Consumers have the right to receive pre-contractual information in a language they understand. Offer both if you serve an international audience.

Where to put your terms and conditions

Your terms need to be accessible from every page of your website. The standard approach is a link in your footer, next to your privacy policy and cookie policy links.

For webshops, customers must be able to read and accept your terms before completing a purchase. The most common setup is a checkbox during checkout with a link to the full terms. Don't pre-check that box.

Make your terms downloadable or printable. Customers have the right to save them.

Terms and conditions vs. privacy policy vs. cookie policy

These three documents cover different things and you need all of them if you run a webshop.

Terms and conditions govern the commercial relationship between you and your customers. They cover purchases, returns, liability and disputes.

Your privacy policy explains how you handle personal data. It's required by GDPR whenever you collect any personal data.

Your cookie policy explains what cookies your website uses and why. It ties into your cookie banner and needs to list all cookies by category.

Some businesses combine all three into one document. Don't. Each has different legal requirements and audiences. Keep them separate and link between them.

Common mistakes to avoid

Copying terms from another website. Terms written for a SaaS company won't work for a bakery's webshop. Copied terms may include clauses that don't apply to you or miss things you actually need.

Never updating your terms. Consumer law changes. Your business changes. Review your terms at least once a year and date them so customers know which version they're looking at.

Using English terms for Dutch customers. If you sell to Dutch consumers from a .nl domain, your terms should be in Dutch. An English-only set of voorwaarden is a red flag for both customers and regulators.

Hiding your terms. If a customer has to click through five pages to find your terms, they're not properly accessible. Footer link on every page. That's the minimum.

Missing the 14-day withdrawal right. If your terms don't mention the cooling-off period or try to shorten it, the withdrawal period extends to 12 months.

FAQ

Do I need a lawyer to write my terms and conditions?

Not strictly, but it's a good idea for webshops with significant revenue. For a small service business, a well-researched template can work. Thuiswinkel model terms are a solid starting point for Dutch webshops.

Can I write my terms in English if my website is bilingual?

Yes, but offer a Dutch version too if you target Dutch consumers. The safest approach is providing both. Make sure both versions say the same thing and specify which version prevails if there's a conflict.

How often should I update my terms and conditions?

Review them at least once a year. Update them whenever you change your pricing, add new products or change your return policy. Always date your terms and keep previous versions archived.

What happens if I don't have terms and conditions on my webshop?

You'll still be bound by Dutch consumer law, but on the consumer's terms rather than yours. Without T&C, you have no agreed liability limits and no clear complaint procedure. You're also missing required pre-contractual information, which can extend the withdrawal period from 14 days to 12 months.

Check your website's compliance

Your terms and conditions are just one part of running a compliant website. Your site also needs a proper privacy policy, correct KVK information and if you run a webshop, full e-commerce compliance.

Not sure where you stand? Run a free scan to check for missing legal pages, incomplete business information and other compliance gaps. Takes 60 seconds.