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Webshops that sell physical products to consumers must always offer a payment option where the customer does not have to pay more than half in advance. This unique Dutch rule is set out in Article 7:26, paragraph 2 of the Dutch Civil Code and protects consumers against the risk of full prepayment.
The obligation to pay afterwards
In the Netherlands, a special provision applies to the sale of physical products to consumers: you may not require a consumer to pay more than half of the purchase price in advance (Article 7:26, paragraph 2 of the Dutch Civil Code). In practice, this means that you must offer a payment option whereby the consumer pays at least half only upon or after delivery.
Why this rule exists
The provision protects consumers against the risk of full prepayment: if a customer pays everything in advance and delivery does not take place, or if the webshop goes bankrupt, the customer loses their money. By deferring (part of) the payment until delivery, the consumer runs less risk.
How do online shops deal with this?
Many webshops specifically want prepayment to limit their own risk of non-payment. The common solution is to offer a pay-later service, often through an external party that assumes the credit risk. This way, you comply with the legal obligation while still being protected against non-paying customers.
What does this mean for your webshop?
Check whether your webshop offers a payment option that complies with this rule. Therefore, in addition to prepayment (such as iDEAL), offer a method where the consumer does not have to pay the full amount in advance. Also, document this correctly in your general terms and conditions to ensure compliance with the rules and prevent disputes.
Frequently Asked Questions
Should I offer payment after delivery?
You must offer a payment option where the consumer does not have to pay more than half in advance (Article 7:26, paragraph 2 of the Dutch Civil Code). A pay-later service is the standard solution for this.
May I demand full prepayment?
No. You may not require a consumer to pay more than half of the purchase amount in advance.
How do I protect myself against non-payment?
With an external deferred payment service that assumes the credit risk, so that you are still assured of payment.
Want to make your webshop compliant with the regulations?
Our legal experts draft your general terms and conditions and perform a legal scan of your webshop. Schedule a free consultation.
