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Why you had better file your terms and conditions

Filing your general terms and conditions with the Chamber of Commerce or the court is not mandatory, but it is useful: it provides proof of the content and the date, and is sometimes the only way to...

Published on August 19, 2020 by MKBjuristen.nl
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Filing your general terms and conditions with the Chamber of Commerce or the court is not mandatory, but it is useful: it provides proof of the content and date, and is sometimes the only way to invoke your terms if prior delivery is not possible.

What is filing?

By filing, you register your general terms and conditions with the Chamber of Commerce or the registry of the court. It is not expensive and not mandatory, but it provides a recorded, dated version to which you can refer.

Proof of content and date

The greatest advantage is proof. Should a dispute arise later regarding which terms applied and what was contained therein, you can fall back on the filed version. This prevents a counterparty from claiming to have received a different version or no version at all.

Sometimes the only solution

Sometimes it is not possible to provide the terms and conditions before the conclusion of the agreement, for example in the case of quick or verbal transactions. Nevertheless, providing them is necessary to be able to invoke the terms and conditions later. In such cases, provided you mention this, you may refer to the filed terms and conditions and send them immediately upon request.

Depositing does not replace handing over

Please note: filing is not a substitute for delivery. Where possible, simply include the terms and conditions. Filing is a supplement that primarily offers proof and a fallback option.

Frequently Asked Questions

Am I required to file my terms and conditions?

No. Depositing is voluntary, but provides proof of the contents and date and can serve as a fallback option.

Does depositing replace handing over?

No. In principle, you must still provide the terms and conditions; filing is an addition.

When is filing particularly useful?

If prior delivery is not possible, such as in quick or verbal transactions, and as proof of the contents.

Want to properly arrange your general terms and conditions?

Our legal experts draft your general terms and conditions and perform a terms and conditions scan. View our contract lawteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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