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A consumer who wishes to cancel an online purchase has several options. Within fourteen days, he can withdraw without giving a reason. If the product is defective, he can invoke his right to a sound product (conformity). It is important to know which procedure applies in which situation.
The right of withdrawal: within fourteen days, without reason
If a consumer purchases remotely, he may in principle withdraw from the agreement within fourteen days without giving a reason. He returns the product and receives a refund. This right does not always apply: exceptions apply to custom-made products and certain digital content, among others.
The right of warranty: in the event of a defect
If the product is defective or does not meet what the consumer could reasonably expect (non-conformity), he may invoke the statutory right to a sound product: free repair, replacement, price reduction, or rescission. This right is not limited to fourteen days and also applies after the cooling-off period.
Which route when?
If the consumer simply regrets their purchase and the product is in order, the right of withdrawal is the course of action (within fourteen days). If there is something wrong with the product, warranty or conformity laws apply, even at a later stage. The consumer chooses the route that suits their situation.
What does this mean for your webshop?
Clearly inform consumers about both the right of withdrawal and their rights in the event of a defect, and handle requests correctly and on time. A clear, correct regulation prevents complaints and intervention by the supervisory authority.
Frequently Asked Questions
Can a consumer simply cancel an online purchase?
In principle, he may revoke without reason within fourteen days, with a few exceptions such as customization.
What if the product is broken?
In that case, the law of conformity applies: a right to repair, replacement, price reduction, or dissolution, even after fourteen days.
What is the difference between withdrawal and warranty?
Withdrawal is regret without reason within fourteen days; warranty/conformity concerns a defect in the product and also applies later.
Is your webshop legally in order?
Our legal experts draft your general terms and conditions and perform a legal scan of your webshop. View our contract lawteam or schedule a free consultation.
