Only 30% of consumers read the terms and conditions… The consequences for you

Far from all consumers read your general terms and conditions – a frequently cited study (Appinio, 2019) found that only about 30% of Dutch people actually review them – but that does not absolve you as an entrepreneur of your obligations. Whether or not a customer reads through your terms, you remain bound by mandatory consumer rights (such as the right of withdrawal and statutory conformity/warranty) and by your statutory duty to provide information. Good, legally correct general terms and conditions are therefore not a formality, but the foundation with which you cover your liability and prevent disputes with customers.

Do consumers really not read the terms and conditions?

Consumer research reveals a familiar pattern: a large majority considers the reliability of a webshop when making a purchase, but only a minority actually reads the terms and conditions. The exact percentages vary by study and by year, but the trend remains stable: most customers click “agree” without reading.

For you as an entrepreneur, that is not a free pass, but rather a warning. The fact that customers do not read does not mean that your terms and conditions do not matter. It means that you must draft them all the more carefully and present them in the right way.

When do my general terms and conditions apply?

A frequently asked question is whether your terms and conditions apply at all if the customer has not read them. The short answer: whether terms and conditions apply does not depend on whether the customer reads them, but on whether you offered them correctly before or at the time of concluding the agreement. A fundamental rule under Dutch law is that you must offer the other party a reasonable opportunity to review the terms and conditions.

In practice, this means, among other things:

• Refer to them in a timely manner. Make it clear in your quotation, ordering process, or agreement that your general terms and conditions apply before closing the deal.
• Make them available. In distance selling (such as a webshop), the basic principle is that you offer the terms and conditions in such a way that the customer can save them and consult them later, for example digitally before checkout.
• Keep it reasonable. Provisions that are unreasonably burdensome for a consumer, or that conflict with mandatory law, can be annulled – even if the customer clicked “agree”.

In other words: a well-offered set of terms and conditions binds the customer, but only insofar as the content holds up legally.

May I then include provisions to my heart's content?

If consumers don't read the terms and conditions anyway, why would I make them customer-friendly?

From a marketing perspective, there might be something to be said for that, but legally the answer is clear: no. Anyone doing business with consumers – especially online – faces far-reaching, often mandatory legal protection. A large part of this stems from European regulations enshrined in Dutch law. You cannot simply deviate from those rights.

Consider well-known rights such as the right of withdrawal (the consumer's right to return an online purchase within the statutory cooling-off period) and the statutory warranty (the right to a product that performs as expected). Even without “friendly” terms and conditions, the consumer can invoke these rights. If you include a provision in your terms and conditions that conflicts with them, that provision will quickly become invalid – with the risk that you will be unable to rely on it precisely when it matters most.

What is the difference between B2C and B2B?

The strongest protection applies to consumers (B2C). In contracts between businesses (B2B), you generally have more freedom to make agreements, for example regarding liability and payment. Nevertheless, B2B requires careful attention as well: unreasonable or unclear provisions can fail between businesses too. It is therefore wise to tailor your terms and conditions to the type of client you work with.

Why, then, are general terms and conditions indispensable after all?

Why would I pay a lawyer for terms and conditions if customers don't read them?

Because your terms and conditions regulate much more than just the customer's statutory rights. They form the legal foundation of every transaction. Good general terms and conditions cover your liability and address situations that are guaranteed to occur in practice, for example:

• What if an ordered product turns out to be no longer available?
• What if a product photo differs from what the customer receives?
• When and how should payment be made, and what happens if payment is late?
• Who bears the costs and risk for return shipments?
• Which law applies and which court has jurisdiction in the event of a dispute?

Without (or with incorrect) general terms and conditions, such situations fall back on general law. And that is by no means always favorable for you as an entrepreneur. A dispute that you could have settled in two sentences with a clear provision can then escalate into a protracted and costly conflict. Moreover, if a payment falls through after all, a watertight payment arrangement helps you with subsequent collection.

What information am I required to provide?

In addition to covering your risks, statutory information obligations. For distance selling (such as via a webshop), for example, you must clearly and timely inform the consumer about matters such as your identity and contact details, the total price, the method of delivery and payment, and the existence and exercise of the right of withdrawal. The general terms and conditions are often a logical place to record part of this information.

Please note: the exact requirements may vary depending on the situation and the type of product or service, and the rules are periodically tightened. Therefore, have your texts checked to ensure they are still up-to-date and complete.

The duty to inform goes beyond just your terms and conditions

There is a common misconception here. Entrepreneurs cram all mandatory information into their general terms and conditions and think they are done. But precisely because most customers do not read those terms, regulators and judges are increasingly ruling that information “hidden” within the terms is insufficiently clear.

Essential information – such as the price, the cooling-off period, and return conditions – must be clearly presented to the customer at the right moment in the ordering process, not just hidden in a block of text behind a checkbox. Good legal protection is therefore a combination of correct terms and conditions and a correctly structured ordering process.

What happens if your terms and conditions are incorrect?

The consequences of incorrect or poorly presented terms often only become apparent when a conflict arises. It then turns out that you cannot rely on the provision you need. Common risks include:

• Annulment of provisions. A clause that is unreasonably burdensome or contrary to mandatory law can be annulled by the consumer. You are then left empty-handed, even if it was “simply” included in your terms and conditions.
• Inapplicability. If you have not offered the terms and conditions in a timely manner or provided a reasonable opportunity to review them, the other party may have them declared inapplicable.
• Unexpected liability. If your limitation of liability is missing or does not hold up, you fall back on general law – potentially resulting in higher damage claims.
• Dispute and reputational damage. Unclear terms and conditions lead to conflicts, bad reviews, and, in extreme cases, intervention by a regulator.

In short: conditions that exist on paper but do not hold up legally provide a false sense of security. In practice, this is sometimes riskier than having no conditions at all, because you rely on them while they do not protect you.

This is how you ensure you sell legally safely

Practical next steps to get a grip on your general terms and conditions:

1. Have your terms and conditions custom-drafted. Copied or generic terms and conditions rarely align with your products, services, and risks.
2. Present them in the right way. Ensure that the customer can view and save the terms and conditions before concluding the agreement, and that the essential information is visible in the ordering process itself.
3. Tailor your approach to your customer type. Do you sell to consumers, entrepreneurs, or both? This requires a different legal approach.
4. Keep them up to date. Legislation changes. Schedule a periodic check, especially if you add new services or sales channels.
5. Have your entire website screened. Not only the conditions, but also your order flow, return policy, and information provision determine whether you comply.

At MKB Juristen, we not only draft your general terms and conditions to measure , but we also look at the bigger picture. We screen your website and verify whether you comply with applicable obligations, ensuring you sell legally safely – regardless of how many customers actually read your terms. Is there already a conflict with a customer or supplier? Then you can turn to our legal assistance for entrepreneurs.

Frequently asked questions about general terms and conditions

Are general terms and conditions legally required?

General terms and conditions themselves are not mandatory in all cases, but the underlying information obligations and consumer rights are. In practice, good terms and conditions are virtually indispensable to cover your liability and to comply with your information obligations, especially when selling via a webshop.

Do my general terms and conditions apply if the customer has not read them?

Whether terms and conditions apply does not depend on whether the customer actually read them, but on whether you presented them correctly before or at the time of concluding the agreement. However, provisions that conflict with mandatory consumer rights remain invalid, even if the customer has “agreed” to them.

Am I allowed to adopt the general terms and conditions of another company?

That is strongly advised against. In addition to potential copyright objections, other parties' terms and conditions rarely align with your products, services, prices, and risks. The risk is that you use provisions that are incorrect or invalid – precisely when you need them.

What is the difference between general terms and conditions and a privacy statement?

General terms and conditions govern the agreements regarding your product or service (delivery, payment, warranty, liability). A privacy statement concerns how you handle personal data in accordance with privacy legislation. They are separate documents with their own purpose; in practice, you often need both.

Do I need to file my general terms and conditions with the Chamber of Commerce?

Filing with the Chamber of Commerce or the court is not mandatory and does not automatically make your terms and conditions valid. What matters legally is that you refer the customer to your terms and conditions in a timely manner and offer a reasonable opportunity to review them, for example by making them available on your website before checkout.

How many consumers actually read the terms and conditions?

Research (such as a 2019 study by Appinio) suggests that only a minority – in the order of 30% – actually review the terms and conditions. The precise figures vary by study, but the common thread is clear: most customers do not read them. That is precisely why you must clearly communicate essential information *outside* your terms and conditions as well.

How often should I have my terms and conditions checked?

There is no fixed timeframe, but in any case, have them reviewed whenever the law or case law changes, or when you adjust your offer, prices, or sales channels. A periodic check prevents you from working with outdated or invalid provisions.

Need help with your terms and conditions?

Do you want to be sure that you are selling legally safely? We draft your general terms and conditions tailored to your needs and also provide specific assistance with general terms and conditions for your webshop. For advice on your contracts and terms and conditions, you can turn to our contract law.

Schedule a no-obligation intake and discover within a short conversation how to strengthen your business legally.