The (nonsense) of lengthy terms and conditions

Lengthy general terms and conditions are not nonsense: for your client, they replace hard-to-find regulatory law with clear, pre-known agreements. After all, many Civil Code rules apply only “unless otherwise agreed”. Good terms and conditions are transparent and understandable, protect both client and entrepreneur, and prevent disputes regarding payment, liability, and the competent court.

Lengthy terms and conditions often provoke resistance: preferring not to present twenty pages to clients — surely three pages suffice? It is not that simple. There is a reason why so much is put on paper, and that reason serves both you and your client.

Clarity instead of regulatory law

Many rules in the Civil Code are of a regulatory nature: they apply unless you agree otherwise in your terms and conditions. For every agreement that you do not record, your client must look up the applicable legal rules themselves in a legal code that is not always easy to understand. Because clients do not know these rules by heart, they face surprises afterwards. General terms and conditions, on the other hand, are known in advance and are transparent.

The advantage is clarity: the most important agreements are contained within a few pages, in plain language and with handy headings, and are searchable. For the client, they serve as a ready-made guide to the agreement, rather than unclear legal rules. Moreover, they apply to *all* agreements with that client, ensuring that the same rules always apply — simpler than drawing up new agreements every time.

“Small print” does not deserve a negative image

The negative image of fine print — as if terms and conditions exist to mislead customers — is no longer accurate. European consumer law offers good protection throughout Europe, and general terms and conditions cannot change that. There are even lists of prohibited clauses. Moreover, terms and conditions must be clear, and agreements may not hide behind incomprehensible legal language.

General terms and conditions are particularly useful

Terms and conditions regulate in advance what can go wrong: the consequences of late payment, liability, and the competent court. Both the entrepreneur and the customer are pleased that these agreements are already set in stone—it prevents pointless disputes. And deviating from standard law is sometimes truly necessary, because that law is not always aligned with practice, whereas your terms and conditions are.

It is therefore not surprising that terms and conditions can become long — but they do not have to be unclear. In fact, core clauses should not even be included in the general terms and conditions and must be understandable. Good terms and conditions are never longer than necessary, but neither are they a single letter shorter where that would lead to problems.

Frequently Asked Questions

Can my terms and conditions be short?

They may be brief, but do not omit essential agreements. Anything you do not arrange falls back on regulatory law (which is difficult for customers to find), increasing the likelihood of surprises and disputes.

Do long terms and conditions protect only the entrepreneur?

No. They also provide the customer with clarity and certainty in advance. Moreover, consumer law and lists of prohibited clauses protect the purchaser.

Why are there so many “what if” clauses in it?

Precisely to have clarity in advance in the event of problems — late payment, damage, a dispute. This prevents lengthy discussions and protects both parties.

Customized general terms and conditions

The legal experts at MKB Juristen never make your terms and conditions longer than necessary, but they also do not leave out anything that protects you. View our expertise in contract law or schedule an intake meeting .