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In the case of a distance purchase, you are obliged to send the consumer a confirmation of the agreement on a durable data carrier — usually by email — containing all legally required information. If you fail to do so, or provide incomplete information, the cooling-off period may be extended and you will be in a weaker position in the event of a dispute.
What is a distance purchase?
A distance sale occurs when you sell products or services to a consumer without meeting physically: via your webshop, by telephone, or by email. In such cases, additional consumer protection rules apply, including an extensive duty to provide information and the right of withdrawal. Different rules apply to the sale of, for example, travel and real estate.
What information must the confirmation contain?
The confirmation reiterates the information you were already required to provide prior to the purchase (Article 6:230m of the Dutch Civil Code): the key features, the total price, the delivery and payment terms, your company details, and the conditions, time limit, and model form for the right of withdrawal. If information regarding the right of withdrawal is missing, the cooling-off period extends from fourteen days to twelve months.
On a durable data carrier
The confirmation must be on a durable data carrier: a format that the consumer can save and retrieve unchanged, such as an email or a PDF. A communication that may change later, such as an ordinary web page, is not sufficient for this purpose.
When will you send the confirmation?
Send the confirmation within a reasonable period after the conclusion of the agreement and no later than upon delivery. For services, this must be done before performance begins. This ensures you fulfill your obligation and prevents the cooling-off period from continuing unnecessarily.
Frequently Asked Questions
What happens if I send no confirmation or an incomplete confirmation?
In that case, you are not fulfilling your duty to inform. If you do not properly inform about the right of withdrawal, the cooling-off period is automatically extended to twelve months, and you will be in a weaker position in the event of a dispute or return.
Can the confirmation also be included in my general terms and conditions?
Your general terms and conditions must be available and savable, but the order confirmation is a separate obligation. Refer to your terms in the confirmation and include them or make them easy to find.
Does this also apply to services and digital products?
Yes, the duty to inform and the right of withdrawal also apply to services and digital content, with a few exceptions. For digital content, the right of withdrawal may lapse if the consumer agrees to immediate delivery in advance.
Want to be sure your webshop is correct?
Our legal experts check whether your order confirmation, general terms and conditions, and right of withdrawal policy comply with the law. View our legal scan for webshops or have your general terms and conditions drafted. Schedule a free consultation.
