Drafting deliverytermsfor a webshop

Terms of delivery for a webshop are the set of legal provisions with which you establish the agreements regarding sales, delivery, payment, returns, and liability for your online sales. As soon as you offer products or services to consumers via the internet, you are legally entering into a distance sale. Mandatory rules from the Dutch Civil Code apply to these agreements, from which you may not deviate to the detriment of the consumer. Good terms of delivery ensure that you comply with these rules while simultaneously strengthening your own position as much as possible.

You need this document from the moment your webshop goes live, and in fact, even before that. The duty to provide information under Article 6:230m of the Dutch Civil Code requires you to clearly inform consumers before the conclusion of the agreement about, among other things, the delivery time, the price including additional costs, the right of withdrawal, and your company details. Do you also sell to business-to-business customers (B2B)? Then different emphases apply, and it is advisable to align the terms and conditions accordingly or to use a separate B2B set.

Strong delivery terms for a webshop regulate at least the delivery period, delivery and return costs, the right of withdrawal, payment terms, retention of title, warranty and conformity, and liability. The statutory delivery period for distance selling is 30 days, unless you expressly agree on a different time. If you fail to deliver on time, the consumer may set a reasonable further period for you and subsequently dissolve the agreement.

In addition, the provision regarding conformity is crucial. Pursuant to Article 7:17 of the Dutch Civil Code, the delivered product must conform to the agreement: it must possess the characteristics that the buyer could reasonably expect. You cannot contract away this statutory guarantee for consumers. In your terms and conditions, you specify how complaints are handled, within what timeframe defects must be reported, and how any manufacturer's or trade warranty relates to the consumer's statutory rights.

When purchasing via a webshop, the consumer has a statutory right of withdrawal of 14 days, also known as the cooling-off period. Within this period, the consumer may cancel the purchase without giving a reason; the period starts running on the day after receipt of the product. You are obliged to inform the consumer of this before the purchase and to make the model withdrawal form available, pursuant to Article 6:230o of the Dutch Civil Code.

Do not underestimate the duty to inform. If you fail to inform the consumer, or provide incomplete information, about the right of withdrawal, the cooling-off period is automatically extended by a maximum of twelve months. Furthermore, if you fail to make it clear in advance that return costs are to be borne by the consumer, you will have to pay those costs yourself. You must establish this watertight in the terms and conditions of delivery, combined with clear information on the product page and in the order confirmation.

Specific formal requirements apply to a legally valid webshop. Pursuant to Article 6:230v paragraph 3 of the Dutch Civil Code, the order button must unambiguously state that the order entails a payment obligation, for example with the text "Order with payment obligation". If this is missing, the consumer is not bound by the agreement. In addition, you must make the general terms and conditions of delivery available before or at the conclusion of the agreement, so that the consumer can save them (provision, Articles 6:233 and 6:234 of the Dutch Civil Code).

Also take into account the exceptions to the right of withdrawal. There is no cooling-off period for custom-made products, perishable goods, and sealed items that cannot be returned for hygienic reasons. If you sell such products, you must communicate this explicitly and correctly in advance; otherwise, you cannot invoke this right. An exception clause tailored to your product range prevents unnecessary return disputes.

The greatest risk lies in the use of standard terms and conditions that do not suit your webshop. Clauses on the black list (Article 6:236 of the Dutch Civil Code) or grey list (Article 6:237 of the Dutch Civil Code), such as a unilateral right to increase prices or an unreasonable limitation of your liability towards consumers, are voidable. A voided clause offers you no protection whatsoever and can work against you in a dispute.

A second major risk is the incorrect drafting or failure to provide the terms and conditions. Conditions that the customer was unable to read and save prior to the purchase may be invalidated, forcing you to fall back on statutory regulations that are less favorable to you. Furthermore, defective provisions regarding delivery times, retention of title, and return costs lead in practice to expenses and disputes that can easily be avoided with a well-drafted document.

Because terms of delivery for a webshop depend heavily on your products, your target audience (B2C or B2B), and your sales and delivery process, a ready-made template rarely yields a conclusive result. Incorrect or unsuitable terms provide a false sense of security and can actually make you more vulnerable. Our legal experts draft your terms of delivery entirely custom-made, legally up-to-date, and tailored to your webshop.

You know exactly where you stand in advance: we work with a fixed price upfront, without unexpected costs afterwards. This way, you receive professional, legally sound terms and conditions of delivery that ensure your webshop complies with the law and your interests are optimally protected.