4 fun facts for webshop owners

A webshop selling to consumers must get four things right: an order button that clearly indicates payment is mandatory, a proper start to the 14-day cooling-off period, fair payment terms, and checkboxes that are not pre-checked. Below, you will find the rule for each point, where things often go wrong, and how to resolve it.

Anyone selling to consumers remotely faces additional protection rules. Most webshop owners are familiar with the general outlines by now, but in practice, things still regularly go wrong on these four points.

1. Mention the payment obligation with the order button

Not only is information regarding the right of withdrawal subject to rules, but the ordering process itself must also be clear and transparent. Many webshops therefore work with a progress schedule. The component that most often falls short is the order button.

The law requires that a consumer expressly acknowledges, when placing an order, that the order entails a payment obligation. If the button is not unambiguously indicated as such, the consumer is not bound by the agreement. In a case before the Amsterdam District Court, the issue revolved around this: during the ordering process, it was nowhere made clear that clicking on “confirm order” created a payment obligation, meaning the agreement did not have to proceed.

The solution is simple: make it clear near the button that a purchase and payment obligation arises. The indication “order with payment obligation” on or directly below the button suffices.

2. The cooling-off period is sometimes longer than 14 days

Most online entrepreneurs know that the cooling-off period (the right of withdrawal) is in principle 14 calendar days. For products, the period starts at the moment the consumer receives the goods.

Problems arise with a single order delivered in multiple shipments. The cooling-off period then only begins to run after receipt of the final partial shipment. For example, if a customer orders a book and a glasses case, and the book is shipped immediately but the case only two weeks later, the customer has up to 14 days after receipt of the case to revoke the order for the book as well. With partial shipments, products can therefore take much longer to be returned than you might expect.

3. Do not demand full prepayment without an alternative

Requiring a consumer to pay in full in advance carries a risk for that consumer: if your company goes bankrupt, they lose their money without the product. Partly for this reason, trade associations and quality marks advise always offering consumers a payment method where the full amount does not have to be paid upfront.

The easiest solution is to offer multiple payment methods, including at least one form of pay-later. Consider a service like AfterPay or Klarna, cash on delivery, or a credit card where the amount is debited only after delivery. A single clause in the general terms and conditions for your webshop is not sufficient to enforce this.

In principle, you may not simply pass on the full costs incurred by such an additional payment method: you may never charge a consumer more than the actual costs you incur for the use of that payment method. Furthermore, there is a prohibition on charging fees for widely used payment methods.

4. Do not pre-check boxes

You may use checkboxes in the ordering process, but they must be unchecked by default. If you want a customer to explicitly consent to something—extra cancellation insurance, or being added to your mailing list—they must check the box themselves. A pre-checked box does not count as valid consent. Under privacy regulations, this also applies to consent to add someone to a mailing list: consent must be an active, free choice.

Checklist: how your ordering process meets the requirements

• The order button clearly states “order with payment obligation”.
• The 14-day cooling-off period starts with the last partial shipment.
• You offer at least one payment method where payment does not have to be made in advance.
• You never charge more than your actual costs for payment methods.
• All checkboxes are unchecked by default.

Frequently Asked Questions

How long is the cooling-off period for my webshop?

In principle, 14 calendar days. For products, this period starts upon receipt, and for an order with multiple partial shipments, only after receipt of the last shipment. If you do not correctly inform the consumer about the right of withdrawal, the cooling-off period can become considerably longer.

What should appear next to my order button?

Text that makes it unambiguously clear that the consumer is entering into a payment obligation, such as “order with payment obligation”. A button with only “confirm” or “continue” does not suffice.

Am I allowed to demand 100% prepayment?

It is advisable to always offer consumers an alternative where the full amount does not have to be paid in advance, as they could otherwise lose their money in the event of bankruptcy. Whether and to what extent you may require prepayment depends on the applicable rules and your terms and conditions — have this reviewed if in doubt.

Are checkboxes allowed to be pre-checked?

No. Checkboxes for extra services or for being added to a mailing list must be unchecked by default; the customer must actively check them themselves.

Do you want to have your webshop legally reviewed?

An ordering process that does not comply with regulations can lead to agreements falling through or products taking much longer to be returned than expected. The legal experts at MKB Juristen review your ordering process, general terms and conditions for webshops , and information obligations to ensure you comply with consumer law. View our expertise in contract law or schedule an intake meeting directly.