MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
For products made to measure or according to the consumer's specifications, there is no right of withdrawal (Article 6:230p of the Dutch Civil Code). If production has not yet started, the situation is more nuanced: whether you accept a cancellation depends on the circumstances and on what you agree upon yourself.
The main rule: no cooling-off period for custom-made products
In principle, consumers have a fourteen-day cooling-off period for distance purchases, because they could not see or test the product beforehand. However, a statutory exception applies to custom-made products or products that are clearly manufactured according to personal specifications: there is no right of withdrawal in such cases (Article 6:230p of the Dutch Civil Code).
Why this exception?
The idea is that you are left with a custom-made product after a return: it is made to the specific wishes of that one customer and is difficult to sell to someone else. Therefore, you are not required to take back such a custom purchase under the right of withdrawal.
And what if production hasn't started yet?
If you have not yet produced anything, you will suffer little or no damage from a cancellation. The statutory exception is linked to the type of product, but in practice, you are free to accept a cancellation before production starts or to make agreements about this in advance. Be clear about this with the customer to avoid disputes.
Stipulate it in your terms and conditions
Clearly state in your general terms and conditions that no right of withdrawal applies to custom work, and regulate how you handle cancellations before production starts. This way, the customer knows what to expect in advance and you prevent conflicts.
Frequently Asked Questions
Does a cooling-off period apply to a custom-made product?
No, the right of withdrawal does not apply to custom-made products and products made to personal specifications (Article 6:230p of the Dutch Civil Code).
Do I need to allow cancellation if I haven't created anything yet?
The law does not require this, but you are free to do so or agree upon it in advance. Be clear about this with the customer.
How do I avoid arguments?
Stipulate in your general terms and conditions that custom work does not have a cooling-off period and how you handle cancellations before production.
Are your terms and conditions for custom work in order?
Our legal experts incorporate the correct right of withdrawal and cancellation clauses into your general terms and conditions and perform a legal scan of your webshop. Schedule a free consultation.
