Consumer law sometimes also applies to entrepreneur

Consumers are better protected than businesses when buying a product or service. Consumer law sets out the ground rules for an agreement between a consumer and a business. Think about rules on general terms and conditions, delivery time, guarantee, cancellation, and long-distance sales.

Consumer protection for businesses

For businesses making a deal, contract law applies. But sole proprietors and small businesses, such as a vof or eenmanszaak, can still rely on consumer law in some cases. For example, if you have concluded an agreement with a clearly larger party. The product or service must fall outside your area of expertise.

You can also invoke the reflex effect when using business subscriptions privately. For example, if you have concluded a business mobile subscription that you only use privately. Or if you use a business energy contract at your home address mainly for household purposes.

But it also works the other way round. If you use a private contract mostly for business, the provider can make its business terms and conditions apply. The provider, and eventually a judge, may rule that you are not entitled to consumer protection.

Business or consumer contract

A consumer contract, while easier to cancel, is not always more favourable. For example, a business contract often provides tax benefits. Therefore, think carefully about which type of contract you enter into.

For entrepreneurs, consumer law often applies to general terms and conditions. In doing so, consumers are protected by the black and grey list. Provisions on the black list (in Dutch) are prohibited in general terms and conditions. Provisions on the grey list (in Dutch) may sometimes be used and sometimes not.

An example

A practical example: A business consultant (zzp'er, self-employed professional without staff) has a business website made by a large website builder. This job is outside his own area of expertise and is not a necessary part of his own work. If the consultant is not satisfied with the website, he can invoke consumer law.

If you are not a business consultant but an owner of a webshop, the reflex effect does not apply in this case. Not even as a small, starting self-employed professional without staff. This is because the webshop is an important part of your activities.

A judge will ultimately decide whether the reflex effect applies to an entrepreneur. The judge will look at the difference in professionalism and the balance of power. It also takes into account whether the product or service is part of the main activities of the entrepreneur.
 

Appeal to consumer law

If you feel that consumer law applies to a contract, you can do the following:

1. Talk to the other party. There is always a chance that you will come to a mutual agreement.
2. Cannot work things out between you? Then you can use an independent third party as a mediator to find a solution.
3. Does that not yield anything? Consult a lawyer to investigate and assess what further steps you can take. The last option is to seek justice through the courts.

For more information on consumer law, visit the Authority for Consumers and Markets (ACM) website.