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In the case of a distance purchase, such as via the internet, a consumer generally has a fourteen-day cooling-off period to cancel the purchase without giving a reason (Article 6:230o of the Dutch Civil Code). However, there are important exceptions, and the right of withdrawal does not apply to business buyers.
The main rule: fourteen days for consumers
If a consumer purchases something remotely, a fourteen-day cooling-off period applies as a general rule. Within that period, he may revoke the agreement and return the product without giving a reason. For products, the period usually begins on the day after receipt.
Important exceptions
The right of withdrawal does not always apply. Exceptions include custom-made or clearly personal products, sealed products that cannot be returned for hygienic reasons after the seal has been broken, perishable goods, and digital content for which the consumer agrees in advance to immediate delivery. Separate rules apply to services.
The duty to provide information determines the time limit
If you do not properly inform the consumer about the right of withdrawal, the cooling-off period is automatically extended to twelve months. Correctly stating the right of withdrawal and the model form is therefore in your own interest.
No cooling-off period for business buyers
The right of withdrawal only protects consumers. If you sell to a business, this statutory right does not exist. What applies in that case is determined by your agreement and your general terms and conditions.
Frequently Asked Questions
Does a consumer always have a fourteen-day cooling-off period?
As a general rule, yes, but there are exceptions, such as for custom-made products and certain digital content.
What if I don't inform them about the right of withdrawal?
The cooling-off period then extends to twelve months. Therefore, correctly state the right of withdrawal and the model form.
Does the cooling-off period also apply to sales to businesses?
No, the right of withdrawal applies only to consumers. For business sales, your agreement and terms and conditions apply.
Are your webshop and right of withdrawal in order?
Our legal experts draft your general terms and conditions and perform a legal scan of your webshop. Schedule a free consultation.
