NetherlandsBurgerlijk Wetboek Boek 6, arts. 231-234, 236, 237, Algemene voorwaarden (Standard Terms)
Burgerlijk Wetboek Boek 6, arts. 231 to 234, 236 and 237 (BWBR0005289)
In force since .
A contract terms of service (ToS) rule binding public and private bodies.
- Obligation class
- Contract terms
- Audit expectation
- none
What it requires
- When you use standard terms in contracts, give the counterparty a reasonable opportunity to take notice of them, for example by handing them over before or when the contract is concluded (arts. 233 onder b and 234, eerste lid).
- To rely on electronic availability as the way of giving that opportunity, make the standard terms available electronically before or when the contract is concluded, in a way that lets the counterparty store them and consult them later (art. 234, tweede lid).
- Where the contract is not concluded electronically, obtain the counterparty's express consent before relying on electronic availability as the way of giving notice of the standard terms (art. 234, derde lid).
- Do not rely on a term in standard terms that is unreasonably onerous for the counterparty, because it is voidable (art. 233 onder a).
- Toward a counterparty who is a natural person not acting in the course of a profession or business, do not include a term on the list in article 236, which is treated as unreasonably onerous, and avoid one on the list in article 237, which is presumed to be (arts. 236 and 237).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 231 to 234, 236 and 237 set rules on the binding effect and the voidability of standard terms. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Standard terms are one or more terms drawn up to be included in a number of contracts, other than terms that state the core of the performances where those are clear and understandable. A counterparty is bound by the standard terms even where the user understood or should have understood that the counterparty did not know their content.
A term in standard terms is voidable where, given the nature and other content of the contract, the way the conditions came about, the mutually apparent interests of the parties and the other circumstances, it is unreasonably onerous for the counterparty. A term in standard terms is also voidable where the user has not given the counterparty a reasonable opportunity to take notice of the standard terms.
The user has given that opportunity where it handed the standard terms to the counterparty before or when the contract was concluded. The user has also given that opportunity where it made the standard terms available electronically, before or when the contract was concluded, in a way that lets the counterparty store them and consult them later. For that electronic route the counterparty's express consent is required where the contract is not concluded electronically.
Where the counterparty is a natural person who does not act in the course of a profession or business, a term in the standard terms that appears on the list in article 236 is treated as unreasonably onerous. Where the counterparty is such a natural person, a term that appears on the list in article 237 is presumed to be unreasonably onerous.
When LexLint raises it
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