Dutch Webshop T&Cs: What BW Boek 6 Requires

Dutch consumer law (implementing EU Directive 2011/83/EU, the Consumer Rights Directive) requires that consumers receive specific information before they conclude a distance contract. For webshops, your terms and conditions (algemene voorwaarden) are where most of this information lives.

This guide covers what must be in your T&Cs, how to make them binding, and the most commonly missed requirements. If you're not sure whether your current T&Cs tick every box, run a free scan on your webshop to get a checklist of what's missing.

The Legal Framework

Three sources of law apply to Dutch webshop T&Cs:

1. Boek 6 BW (Burgerlijk Wetboek), general contract law, including Article 6:233 on unfair terms and 6:234 on the opportunity to read
2. Wet oneerlijke handelspraktijken, unfair commercial practices law, implementing the Unfair Commercial Practices Directive
3. Afdeling 9A, Boek 7 BW, implementing the Consumer Rights Directive, covering pre-contractual information, right of withdrawal, delivery and more

The ACM (Autoriteit Consument & Markt) enforces consumer law in the Netherlands and actively investigates webshop T&Cs. The ACM's guidance is clear: if you present your general conditions only after the purchase, the consumer can invalidate them entirely.

Making Your T&Cs Binding: The Opportunity Requirement

Under Article 6:233 BW, a term in general conditions is voidable if the user did not give the other party a "reasonable opportunity" (redelijke mogelijkheid) to take note of the conditions.

For online contracts (Article 6:234(2) BW): the terms must be made available electronically in a way that allows the consumer to store them, typically by linking to a PDF or making them available on a page that can be bookmarked or saved.

The binding mechanism:

• Before the order button, include a checkbox: "I have read and agree to the terms and conditions", with the words linking to the actual T&Cs page
• Or: "By placing this order, you agree to our terms and conditions" (linked)
• The link must lead to the actual terms, not a summary
• The terms must be readable in a standard browser without requiring a download

What does NOT make them binding:

• A link in the footer only (no reference at checkout)
• A reference to T&Cs after the purchase is confirmed
• Terms available only as an unlinked document

Required Contents: The Pre-Contractual Information Checklist

Under Article 6:230m BW (implementing the Consumer Rights Directive), before the contract is concluded you must provide:

Identity and Contact Information

• Your company name and legal form
• Physical address (not PO Box alone)
• Email address
• Phone number (or alternative fast contact method)
• KVK number
• VAT number (BTW-ID) if registered

Product / Service Description

• Clear description of the products or services
• Any restrictions on eligibility (age limits, country restrictions, etc.)

Price Transparency

• Total price including VAT
• All additional costs (shipping, handling) clearly stated before checkout
• For subscription services: total cost of the subscription period, or cost per billing period
• If the price cannot be calculated in advance: how it will be calculated

As of July 2025, the ACM actively enforces shipping cost disclosure. The total shipping cost must be visible before the consumer enters checkout. "Calculated in cart" is not compliant.

Payment

• Accepted payment methods
• Payment security statement (if applicable)
• When payment is charged (e.g., at order vs. at shipment)

Delivery

• Estimated delivery timeframe (mandatory, not "we ship quickly")
• Delivery restrictions (countries, regions)
• Risk transfer: when does the product become the consumer's risk? (At delivery for consumers, per Article 7:11 BW)

Right of Withdrawal (Herroepingsrecht)

This is the most commonly incomplete section.

• The consumer has a 14-day right of withdrawal from: (a) the day of delivery for goods, or (b) the day of contract conclusion for services
• How to exercise the right (model withdrawal form must be made available, though the consumer can also use their own words)
• Return address for goods
• Who bears the direct cost of return shipping (you must specify, if you do not, you bear the cost)
• Condition in which goods must be returned
• Refund timeline (within 14 days of notification, if goods are returned)
• For digital content: if the consumer has consented to immediate delivery and acknowledged loss of withdrawal right, this must be stated before purchase

Exceptions to the right of withdrawal must be stated:

• Custom-made goods
• Goods that deteriorate quickly
• Unsealed hygiene products after opening
• Sealed software/digital content after unsealing
• Services fully performed with consumer's prior agreement

Complaints and Dispute Resolution

• Your complaints procedure (response time, contact method)
• Whether you are affiliated with a Geschillencommissie (dispute resolution body), mandatory disclosure if applicable
• ODR (Online Dispute Resolution): the EU ODR platform stopped accepting new complaints on 20 March 2025 and will be fully discontinued on 20 July 2025 (Regulation (EU) 2024/3228). If your T&Cs still link to the EU ODR platform, remove the link and replace it with a reference to the specific ADR body you participate in.

Note: if your T&Cs reference the EU ODR platform, update them now. Point consumers to your applicable Geschillencommissie or other recognised alternative dispute resolution body instead.

Warranty and Conformity

Under the Wet Koop op Afstand and EU Sale of Goods Directive (2019/771), consumers have a legal conformity guarantee of 2 years for physical goods. For goods with digital elements, this extends to the period during which digital updates are provided.

• The legal conformity guarantee is mentioned (distinct from any commercial warranty you offer additionally)
• If you offer a commercial warranty: its scope, duration, and how to claim it

Sustainability and Non-Discrimination (if relevant)

If your T&Cs include any restrictions on customers, they must comply with anti-discrimination law.

Unfair Terms: What the ACM Considers Unacceptable

Article 6:236 BW (the "black list") absolutely prohibits certain terms in consumer contracts. Included in the black list:

• Excluding or limiting your liability for personal injury
• Excluding your liability for a fundamental breach of contract
• Requiring the consumer to use a specific dispute resolution body you chose (you can offer arbitration but not make it mandatory if it prevents the consumer from going to court)
• Terms that grant you the right to change the T&Cs unilaterally in a way that harms the consumer

Article 6:237 BW (the "grey list") creates a presumption of unfairness for terms including:

• Very short deadlines for the consumer to act
• Excessive cancellation fees
• Automatic renewal of contracts without clear notice
• Asymmetric warranty terms (you can vary the product but the consumer cannot cancel)

If the ACM finds black-list terms in your T&Cs, it can order you to remove them and fine you.

Digital Services: Additional Requirements (DSA / EU Regulations)

The Digital Services Act (DSA, 2022/2065) adds requirements for online marketplaces and intermediary platforms. These are less directly relevant to standard webshops, but relevant if your webshop connects buyers with third-party sellers.

Dutch Market Specifics

Thuiswinkel Waarborg

Thuiswinkel Waarborg is the main trust mark for Dutch webshops. Over 2,200 webshops carry it. Members must replace their own general terms and conditions with the Thuiswinkel General Terms and Conditions, which are regularly updated to match current law. Annual recertification checks your T&Cs against the latest ACM requirements.

If you're not a Thuiswinkel member, you're responsible for keeping your own T&Cs current. That makes it even more important to stay on top of legal changes. The ACM's guidance on making T&Cs available is the right starting point.

Geschillencommissie Webshop

The Geschillencommissie Webshop is the standard alternative dispute resolution body for Dutch webshops affiliated with Thuiswinkel.org. If you're not affiliated with any recognised ADR body, you still must tell consumers which dispute resolution options are available to them. Since the EU ODR platform is closing (see above), a direct reference to a Geschillencommissie is the standard compliant approach.

The ACM's "Bedenktijd" Guidance

The ACM expects the right of withdrawal to be prominently disclosed, not buried in T&Cs alone. The regulator has fined multiple webshops for making it hard to find return information. Your T&Cs must state the 14-day window clearly, but the ACM also expects a dedicated, easily findable page (such as a "returns" page) that covers the same information. A link labelled "general terms" is not enough on its own.

Practical Implementation

1. Use a Dutch-language T&Cs template as a starting point. Thuiswinkel.org offers templates for members. VNO-NCW/MKB-Nederland also offers guidance for non-members.

2. Adapt the template to your specific products, delivery methods, and return policy. Generic templates that don't match your actual business create liability.

3. Implement the checkbox at checkout before the order button.

4. Link from your footer on every page (so they're discoverable before the purchase flow).

5. Date your T&Cs and update them when you change your processes.

6. Remove the ODR platform link if your current T&Cs reference it. Replace it with a reference to the Geschillencommissie or other ADR body you participate in.

For the complete e-commerce compliance picture, read our webshop compliance guide and the withdrawal button requirement for 2026.

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This article is technical analysis, not legal advice. Consult a lawyer for advice specific to your situation.