Legal Affairs

Caution: ACM takes strict action against infringements of the right of withdrawal

The ACM strictly enforces consumers' right of withdrawal. If you sell online to consumers, you must respect the fourteen-day cooling-off period, refund the full purchase amount including shipping costs, and you may not oblige a consumer to satisfy...

Published on December 7, 2020 by MKBjuristen.nl
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The ACM strictly enforces consumers' right of withdrawal. If you sell online to consumers, you must respect the fourteen-day cooling-off period, refund the full purchase amount including shipping costs, and may not require a consumer to accept a credit voucher.

The right of withdrawal in brief

A consumer purchasing remotely may, in principle, revoke the purchase within fourteen days without giving any reason. After that, he is entitled to a refund. These rules are mandatory; you cannot restrict them to the detriment of the consumer.

Full refund, on time

If the consumer withdraws, you must refund the full amount, including the standard shipping costs for the outbound shipment, in principle within fourteen days of notification. You may wait until you have received the goods back or proof of shipment, but no longer than necessary.

No mandatory voucher

You may not require a consumer to accept a credit voucher or gift card instead of a cash refund. The consumer is entitled to a cash refund. You may offer a credit voucher, but not force it upon the consumer.

The ACM intervenes strictly

The Authority for Consumers & Markets (ACM) monitors compliance and takes action against webshops that violate the rules, resulting in measures and fines. Ensure that your webshop, terms and conditions, and process are correct: an incorrect right of withdrawal policy is visible to every customer and to the regulator.

Frequently Asked Questions

Do I have to refund the shipping costs?

The standard shipping costs for the outbound shipment do. Under certain conditions, you may charge the consumer for the return shipping costs, provided you make this clear in advance.

Can I give a gift voucher instead of money?

No, it is not mandatory. The consumer is entitled to a cash refund; you may only offer a credit voucher.

What do I risk if I violate the law?

Intervention by the ACM, with measures and fines. Moreover, an incorrect regulation is bad for customer confidence.

Is 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.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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