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If your webshop sells to both consumers and business customers, use two sets of general terms and conditions. You are not required to provide mandatory consumer protection to business customers, and with separate terms and conditions, you utilize your freedom in business-to-business.
Consumers and businesses are not the same
A consumer enjoys strong, mandatory protection that you may not restrict to their detriment. A business customer does not: you have much more contractual freedom towards companies. Consequently, a single set of terms and conditions tailored to both is often too strict for your business customers or too broad to hold up against consumers.
Respect consumer rules
When selling to consumers at a distance, the following apply, among others: the duty to provide information, the right of withdrawal (the statutory cooling-off period), and the black and grey lists of prohibited and suspicious clauses. Your consumer terms and conditions must comply with these; otherwise, provisions are voidable.
More freedom with business clients
In your business terms and conditions, you can limit liability more strongly, arrange payment terms and interest at your own discretion, and waive the right of withdrawal. In this way, you distribute the business risk more equitably than would be permitted towards consumers.
How do you apply them?
Ensure that you declare the correct set applicable and provide it for every transaction. Clearly state on your website which terms and conditions apply to whom, so that there is no dispute regarding which set is in effect.
Frequently Asked Questions
Do I really need two sets?
If you sell to both consumers and businesses, it is highly recommended: one set is usually too strict for business customers or unsustainable for consumers.
What is the biggest difference?
Mandatory consumer protection, such as the right of withdrawal and the black and grey lists, does not apply to business customers.
How do I avoid confusion about which set applies?
Declare the correct set applicable for every transaction and provide it. Clearly state on your site which terms and conditions apply to whom.
Two strong sets of terms and conditions for your webshop?
Our legal experts draft consumer and business terms and conditions and perform a legal scan of your webshop. Schedule a free consultation.
