Legal Affairs

Webshops and distance selling: 5 important checkpoints

If you sell via a webshop, European consumer rules for distance selling apply. Be sure not to forget these five checkpoints: the duty to provide information, the right of withdrawal, your general terms and conditions, privacy rules, and transparent pricing. 1. Comply with the duty to provide information...

Published on May 25, 2020 by MKBjuristen.nl
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If you sell via a webshop, European consumer rules for distance selling apply. Be sure not to forget these five checkpoints: the duty to provide information, the right of withdrawal, your general terms and conditions, privacy rules, and transparent pricing.

1. Comply with the duty to provide information

You must clearly inform the consumer before the purchase (Article 6:230m of the Dutch Civil Code) about the characteristics of the product, the total price, the delivery and payment terms, your company details, and the right of withdrawal. Subsequently, confirm this on a durable data carrier, such as by email.

2. Arrange the right of withdrawal properly

In principle, the consumer has a fourteen-day cooling-off period (Article 6:230o of the Dutch Civil Code). If you do not inform them properly about this, the cooling-off period extends to twelve months. State the conditions, the time limit, and the model withdrawal form.

3. Ensure good general terms and conditions

Your general terms and conditions must be findable and savable, and provided in a timely manner. If you also sell to businesses, use a separate business set.

4. Adhere to the privacy rules

You process customer data, so the GDPR applies. Ensure you have a clear privacy statement, a legal basis for your processing, and a correct cookie banner.

5. Be transparent about prices

Always show consumers prices including VAT and be clear about additional costs, such as shipping costs. Surprises at checkout are not allowed.

Frequently Asked Questions

Does the right of withdrawal apply to everything?

For most products, yes, with exceptions, such as custom-made or perishable products and, subject to conditions, digital content.

Do I need a privacy statement?

Yes. As soon as you process personal data, you must clearly inform customers via a privacy statement.

Am I allowed to display prices excluding VAT to consumers?

No, for consumers you display prices including VAT and all mandatory additional costs.

Is your webshop legally in order?

Our legal experts conduct a legal scan of your webshop and draft your terms and conditions and privacy statement . 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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