Custom legal document

Sales-terms and conditions drafting

Have it drafted, amended, or reviewed by our legal experts and/or lawyers starting from 99
SME Lawyers

Do not write this document yourself — DIY often results in expensive problems.
Have a lawyer review it and avoid misunderstandings, mistakes, and difficulties.

  • Truly Tailor-Made Legal Solutions
  • Fixed rates
  • Pay later after draft
  • Free adjustment round
  • Delivered within 5 working days
  • Express delivery possible
  • Available in Dutch and English

How does it work?
Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
Fixed rates.Where possible, clarity regarding costs in advance.
Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

1

Free intake

We discuss your company, the purpose of the document, and the key risks.

2

Draft or check

We draft a custom document or review your existing document legally.

3

Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

Terms of sale are the legal basis of your commercial process. They must regulate your quotations, orders, payment, delivery, complaints, and liability in such a way that a sale does not turn into a lengthy payment or warranty dispute

  • For entrepreneurs who sell products, materials, services, or custom work
  • Attention to quotations, orders, payment, delivery, and cancellation
  • Warranty, complaints, retention of title, and liability regulated
  • Practical use for B2B sales, webshops, quotations, and order confirmations

Choose Tailored Legal Solutions

Choose whether you want to have the document drafted, checked, or modified. Prices and options vary per document.

From 99
Customization
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

from 199.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise in terms and conditions of sale

Our lawyers and in-house counsel assist entrepreneurs, suppliers, webshops, wholesalers, manufacturers, and service providers with terms of sale, terms of delivery, webshop terms, and framework agreements. We review quotations, orders, payment, delivery, retention of title, warranty, complaints, returns, customer terms, and liability.

Customization for your sales process

Terms and conditions of sale must align with your commercial practices: quotations, orders, online checkout, B2B, consumers, customization, delivery, or international sales. Therefore, we tailor the terms to your customers, products, services, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with trade, sales, B2B, and consumer terms and conditions
  • Attention to payment, retention of title, warranty, and liability
  • Fixed rates in advance where possible
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 199.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise in terms and conditions of sale

Our lawyers and in-house counsel assist entrepreneurs, suppliers, webshops, wholesalers, manufacturers, and service providers with terms of sale, terms of delivery, webshop terms, and framework agreements. We review quotations, orders, payment, delivery, retention of title, warranty, complaints, returns, customer terms, and liability.

Customization for your sales process

Terms and conditions of sale must align with your commercial practices: quotations, orders, online checkout, B2B, consumers, customization, delivery, or international sales. Therefore, we tailor the terms to your customers, products, services, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with trade, sales, B2B, and consumer terms and conditions
  • Attention to payment, retention of title, warranty, and liability
  • Fixed rates in advance where possible

Reviews (21)

Inge

We quickly received the right guidance in a legal landscape unfamiliar to us. Throughout the process, we were constantly kept well informed of the progress. The final result aligns 100% with our high standards.

Sarah

It was great that we could immediately brainstorm about the best approach. The attention to detail when reviewing the fine print was phenomenal. Fantastic value for money for this level of expertise.

Nisrine

We received excellent assistance with our legal questions. The lawyer really took the time to understand our specific SaaS solution before starting to write. The service was professional and personal.

Mounir

We quickly received a clear and competitive quotation. We were excellently guided through the maze of current laws and regulations. The document was flawlessly accepted by our investors.

Demi

The intake was personal and concrete. They flawlessly managed to expose the pain points in our current contract. Fantastic value for money for this level of expertise.

Rik

Practical advice that we could immediately put into practice. The expertise regarding e-commerce legislation was clearly the added value in this process. Our clients are responding positively to the clear general terms and conditions.

Luca

The clear structure of the process was well communicated in advance. The service felt personal and reliable. Our clients respond positively to the clear general terms and conditions.

Sebastian

The expertise was immediately evident from the first contact. The speed with which complex legislative changes were integrated into our document was excellent. Our clients are responding positively to the clear general terms and conditions.

Ronald

The intake felt like a real consultation rather than a sales pitch. They provided fantastic input on how we could keep the document commercially friendly. A reliable partner striving for perfection in their documents.

Fatima

The initial analysis of our documents was razor-sharp. The speed with which complex legislative changes were integrated into our document was excellent. The service was professional and personal.

Sophie

The start of the collaboration was exceptionally smooth. The language in the contract was modern and clear, without archaic terms. Fantastic value for money for this level of expertise.

Robert

The communication was smooth and professional. The final document looked professional. These documents will undoubtedly save us a lot of headaches in the future.

Najat

Practical advice that we could use immediately. It was nice that they didn't charge by the hour for a simple extra question. The service was professional and personal.

Patricia

Our company was carefully inquired about. The key points of attention were incorporated well. Our business partners were impressed by the professionalism of the contracts.

Nabil

I noticed how customer-oriented the initial approach was. The adjustment round also went smoothly. It is clear that they have a passion for entrepreneurship.

Zoe

The lawyer took a practical approach with our company. The fixed price upfront instilled confidence. These documents will undoubtedly save us a lot of headaches in the future.

Ali

Good service and a clear working method. Ample time was taken to discuss the various options and their implications. Fantastic value for money for this level of expertise.

Suzanne

From the intake, it was clear what we could expect. The content aligned well with our company. The document was flawlessly accepted by our investors.

Ahmed

It is pleasant when a party immediately understands the core of the problem. It was nice that we could call in directly if anything was unclear in the draft. Our customers respond positively to the clear general terms and conditions.

Zakaria

We came in with a vague idea, but were immediately presented with concrete steps. We received valuable tips on how to present the documents to our clients in practice. The quality fully met our expectations.

Sara

The intake was not only informative, but we learned a lot right away. We received an excellent explanation of the implications of the applicable law in our international contracts. The service was professional and personal.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The right terms of sale depend on what you sell and to whom. These choices determine which provisions you include and how strictly you formulate them.

Choice or question Why this matters legally
Do you sell to businesses or consumers? When selling to consumers, mandatory protection rules apply, and you may exclude fewer options than when selling to businesses.
Do you supply products, services, or both? Products call for warranty and retention of title clauses, while services call more for agreements regarding effort, delivery, and additional work.
Do you deliver prepaid or on account? Delivery on account makes retention of title and clear payment and collection terms particularly important.
How do you want to limit your liability? You choose a maximum, for example the invoice amount or the insured amount, and exclude indirect damage.
Do you want to sell online or on paper? For online sales, you must make the terms and conditions available digitally in advance so that the buyer can save them.
Clauses and provisions

Which elements belong in terms of sales conditions?

Strong terms and conditions of sale govern the entire sales relationship: from quotation and conclusion to payment, title, and liability. Below you will find the key components and when you need them.

Provision Relevant to Legal point of attention
Applicability and formation Always Stipulates that your terms and conditions take precedence over those of the buyer and when an agreement is concluded.
Prices and payment Always Determines price, VAT, payment term, and consequences of late payment, such as interest and collection costs.
Delivery and delivery time Upon delivery of goods or services Regulates when and how you deliver and that the stated deadlines are not strict deadlines.
Retention of title Delivery on account You remain the owner of the delivered goods until the buyer has paid in full.
Warranty and complaints For products or custom work Describes the warranty you provide and the timeframe within which the buyer must file a complaint.
Liability Always Limits your liability, for example to the invoice amount, and excludes consequential damages.
Force majeur Always Determines that you are not liable if delivery fails due to circumstances beyond your control.
Applicable law and disputes Always Selects Dutch law and the competent court in the event of a conflict.
Use in practice

How do you use this document correctly?

Terms of sale only work if you declare them applicable correctly and provide them to the buyer in a timely manner. Here is how to use them correctly.

Situation What should you do? Point of attention
With quotation or order Expressly declare the terms and conditions applicable and refer to them in the quotation, order form, and invoice. Without a clear reference, your terms and conditions may not apply.
Before or at the conclusion of the agreement Provide the terms and conditions: hand them over, email them, or make them available online for saving. The buyer may later annul conditions that were not provided in a timely manner.
For sales on account Clearly state the retention of title and the payment term on the invoice. This way, you retain title until payment and can reclaim it in the event of non-payment.
In the event of a change to your terms and conditions Communicate the new version and adjust the date and references. For an ongoing appointment, the conditions that applied at the time of conclusion apply.
Common mistakes

Common mistakes

Many entrepreneurs have terms and conditions, but make mistakes that cause them to fail in practice. Avoid the following pitfalls.

Wrong Consequence Better approach
Terms and conditions not provided The buyer can invalidate the conditions, causing your restrictions to disappear. Provide the conditions in advance and record when and how you did so.
No retention of title included In the event of the buyer's bankruptcy, you lose delivered, unpaid goods. Include a clear retention of title clause and state it on invoices.
Liability not limited In the event of damage, your liability can be unlimited. Limit liability to an amount and exclude consequential damages.
Consumer rules ignored Provisions may be unreasonably burdensome and thereby invalid. Tailor the terms and conditions to whether you sell to consumers or businesses.
Outdated or copied terms and conditions Provisions do not align with your working methods or are legally outdated. Have the terms and conditions tailored and updated periodically.
Risk profile

What is your situation and what do you pay attention to?

The points of attention vary by type of business and customer. Recognize your situation below and see what you need to pay extra attention to.

Risk profile Example Focus in the document
Sales to consumers You supply products or services to private individuals. Mandatory consumer protection, right of withdrawal in online sales, and no unreasonable exclusions.
Sales on credit to businesses You deliver first and invoice afterwards. Properly arrange retention of title, payment terms, interest, and collection costs.
Webshop or online sales You enter into agreements via the internet. Make the terms and conditions digitally available and savable for the buyer in advance.
Delivery of custom work or production You make products to order. Clear agreements regarding specifications, additional work, warranty, and complaint period.
Additional documents

When is this document not enough?

Terms of sale govern your general terms and conditions of sale, but do not cover every agreement. In the following situations, you need a supplementary or different document.

Situation Supplementary document Why
Situation Related document Explanation
You work structurally with a regular customer or supplier Cooperation Agreement Sets down the broader cooperation and mutual obligations, in addition to the separate sales conditions.
You process personal data of your customers Data Processing Agreement Required when you process personal data on behalf of another party in accordance with the GDPR.
Your customer is not paying invoices Debt collection In the event of non-payment, debt collection helps to recover your outstanding debt.
Explanation of this document

Drafting terms and conditions of sale, why?

Not every entrepreneur knows exactly what terms of sale are, when they are needed, and which risks they must cover. That is why we explain below what this document entails, what to look out for, and why customized legal frameworks are important.

What are terms of sale?
Terms of sale are the general terms and conditions applied by a seller in all their sales transactions. They constitute the standard conditions for the supply of products or services to both business and private customers. Terms of sale govern the modalities of delivery, retention of title, payment terms, warranties, limitation of liability, complaint periods, and the choice of applicable law and forum. Terms of sale are the mirror image of terms of purchase: while terms of purchase protect the buyer, terms of sale protect the seller. In the "battle of forms," ​​the first reference generally prevails. Our lawyers draft terms of sale for you that effectively limit liability, provide maximum protection for retention of title, correctly address the battle of forms, and respect statutory protective provisions for consumers.
How do you handle the battle of forms in your terms and conditions of sale?
If your client uses purchasing terms and conditions, there is a battle of forms: both parties refer to their own terms. Pursuant to Article 6:225, paragraph 3 of the Dutch Civil Code, the first reference prevails in principle—the reference in your quotation or order confirmation. However, your terms and conditions are only enforceable if you have correctly declared them applicable and the client has had the opportunity to take notice of them. Your sales terms and conditions must contain a provision expressly rejecting the applicability of the client's purchasing terms and conditions. Furthermore, every quotation, order confirmation, and invoice must refer to your sales terms and conditions with an accessible reference point. Our lawyers draft sales terms and conditions that correctly address the battle of forms.
How does it work at MKBjuristen?
After a brief intake, our lawyers draft terms and conditions of sale that effectively limit liability, provide maximum protection for retention of title, correctly address the battle of forms, and respect statutory protective provisions for consumers.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Tailored solutions for each sales situation

Not every seller faces the same risks. Therefore, we do not draft generic terms of sale, but tailor them to the product, service, customer, payment process, and liability.

B2B sales

Attention to quotations, customer terms and conditions, payment, delivery, warranty, and liability.

Online sales

Attention to checkout, withdrawal, returns, delivery, privacy, and consumer rules.

Customization

Attention to specifications, agreement, cancellation, return exclusion, and additional work.

Services

Attention to scope, planning, best efforts obligation, complaints, and payment.

Wholesale

Attention to partial deliveries, stock, acceptance, complaints, retention of title, and payment.

International sales

Focus on Incoterms, customs, currency, transport, law, and forum.


Terms and conditions of sale must protect your commercial position. Therefore, we review quotations, orders, payment, delivery, retention of title, warranty, complaints, customer terms, and liability.

Common mistakes in terms and conditions of sale

Things often go wrong with terms and conditions of sale because conditions are used too late or are insufficiently aligned with the sales process, customer type, and risk.

  • Mention conditions only on the invoice
  • Do not reject business customers' purchasing terms and conditions
  • Do not include a retention of title clause for payment after delivery
  • Regulation of payment, interest, collection, and suspension is too vague
  • Do not list custom work, cancellation, and returns separately
  • Warranty formulated too broadly for wear and tear or misuse
  • Complaints, inspection period, and opportunity for rectification forgotten
  • Do not limit liability for consequential damages or business losses

Draft sales terms and conditions properly and prevent unnecessary problems in the future. Good sales terms and conditions prevent disputes regarding quotations, payment, delivery, warranty, complaints, returns, and liability.

Are terms of sale mandatory?

No, but they are highly recommended for entrepreneurs who sell products, services, or custom work.

What is the difference between terms of sale and terms of delivery?

Sales terms and conditions are broader. Delivery terms and conditions focus primarily on delivery, transport, and transfer of risk.

Can I reject customer terms and conditions?

Yes. In B2B sales, it is important to explicitly reject customers' purchasing terms.

Can I include a retention of title clause?

Yes, that is advisable for delivery before full payment.

Can MKB Juristen review existing terms and conditions of sale?

Yes. We check, among other things, applicability, payment, delivery, retention of title, warranty, complaints, returns, and liability.

Contact us

Annelore Hendriks

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