When you buy something online, you always have a cooling-off period, right? That is indeed what many people think, and for consumers, that is often true. However, there are more than enough situations where there is no cooling-off period at all. Moreover, it is all a bit more complex, and as is often the case, there are many exceptions. We will explain it to you.
14-day cooling-off period for consumers
For consumers, the general rule is indeed that they distance purchasesare entitled to a 14-day cooling-off period. During this 14-day period, they may withdraw from the purchase without giving a reason. As a seller, you may not deviate from this, not even in your general terms and conditions. Furthermore, you must take into account a number of other obligations.
This applies exclusively to the situation regarding consumer purchases. This means that a consumer buys from a company. If a consumer buys from another consumer, for example by purchasing a second-hand game console via Marktplaats, there is no cooling-off period.
When does the cooling-off period start?
It is important that you clearly know when the cooling-off period begins and therefore also when it ends, because this is the latest moment at which a consumer may terminate the agreement.
When a consumer purchases products in your online store, the cooling-off period begins to run when the consumer has received the product or the final partial shipment. If the consumer orders regular deliveries, such as a subscription to silver coins, the cooling-off period starts running again when he receives the first product.
Even if you sell services via the internet, the consumer is entitled to such a cooling-off period. However, the cooling-off period begins to run when the service has been agreed upon , and not, for example, when the customer receives a copy of the online signed agreement. This rule also applies, for example, when you send a welcome gift, as this does not involve a purchased product.
And what if a consumer purchases a product and a service simultaneously, such as a water softener and a maintenance contract? In that case, the cooling-off period also simply starts when the consumer receives the product.
What are the rights during the cooling-off period?
As a seller, you must model form provide inform. This means that you must clearly inform them about the cooling-off period, the manner in which the consumer can withdraw from the purchase, and whether the cooling-off period has been waived. As mentioned earlier, the latter is in principle not possible, but there are exceptions. Consider, for example, the situation where a consumer enters into an online agreement with a roofer for an urgent repair that is carried out the same day. In that case, it is only logical that the cooling-off period does not continue to run.
Please note: if you, as a seller, fail to comply with these obligations, the renewal period will be automatically extended to a maximum of twelve months. Do not take any risks and have your legal documents drafted by a lawyer!
When is there no cooling-off period?
In some cases, the consumer does not have the right to a cooling-off period. This applies, for example, to the purchase of emergency repairs, telephone orders from companies that do not focus on distance selling (e.g., the local baker or butcher), the purchase of travel, or the purchase of custom-made products (e.g., a smartphone case with a photo).
No cooling-off period for business customers
The cooling-off period stems from European consumer sales rules and therefore applies only to consumers. Business customers are in principle not entitled to a cooling-off period, except when they purchase a product as a consumer.
Of course, you can deviate from this contractually. For instance, you can perfectly agree that business customers are also entitled to a cooling-off period. We give our business customers, for example, 24 hours to cancel their order, after which we get to work. That is not mandatory, but we consider it just as fair.
The above also applies to a consumer purchase: you are perfectly free to deviate in the consumer's favor. Do you want to offer a cooling-off period of 50 days instead of 14? That is no problem. However, you may not limit the statutory cooling-off period to, for example, 7 days.
Count on the services of MKB Juristen
Let it be clear that the cooling-off period is slightly more complicated than it seems. You can extend the cooling-off period, but you cannot limit the statutory cooling-off period. Moreover, if you fail to meet your information obligations, you will be penalized with an even longer cooling-off period. That is why you leave the drafting of your documents to a lawyer. Schedule a phone appointment and leave it to the experts at MKB Juristen.
