How much cooling-off period is my customer entitled to?

For distance selling or purchases made off-premises (online, by telephone, or at the door), a consumer almost always has a 14-day cooling-off period, commencing upon delivery. If you fail to properly inform the consumer of this right, the cooling-off period is extended by a maximum of one year. In some cases (custom-made items, perishable goods, notified in advance), there is no cooling-off period. For business customers, there is no statutory cooling-off period — the contract determines this.

During the cooling-off period, a customer can withdraw from the agreement. In the case of a distance purchase, this is regulated by law; in other cases, you can agree on it. We explain.

14-day cooling-off period for distance selling

A consumer is entitled to a cooling-off period for a purchase made outside the retail premises or a distance purchase —at the door, by telephone, or online—for a product or service. This applies only if the consumer is buying from a business; if they are buying from another consumer (for example, via Marktplaats), there is no cooling-off period, unless agreed otherwise. The cooling-off period protects the consumer who could not inspect the product, amounts to 14 days as standard, and commences upon delivery. You may grant a longer period, but not a shorter one.

Sometimes an extra year of reflection time

You must properly inform the consumer about the right of withdrawal: that they have a 14-day cooling-off period, how and with whom to invoke it, plus a model form. If you fail to do so, the cooling-off period will be extended by one year. If you provide all the information within that year, the extension lapses and a new 14-day period begins.

Sometimes no reflection period at all

In limited cases, there is no cooling-off period, particularly for custom-made items (a tailored suit, an engraved ring), perishable goods, date-specific tickets, or products with rapidly changing prices (shares, gold). However, you must disclose this before the purchase; otherwise, the consumer is entitled to a 14-day cooling-off period after all. Additionally, there is no cooling-off period—even without notification—for package holidays, the purchase of a home, and purchases under fifty euros made on the street or at the door. In all these cases, however, you may make more favorable arrangements.

Cooling-off period for business agreements

In other cases, such as B2B purchases, there is generally no cooling-off period. However, you can agree on this in a contract or in the general terms and conditions. Since there are no statutory requirements, the agreed cooling-off period may be shorter than 14 days, an advance payment may be waived, and you are not required to provide a model form.

Frequently Asked Questions

How much cooling-off period does my customer have?

For distance selling or purchases made outside the retail premises, a consumer has a standard 14-day cooling-off period, commencing upon delivery. Business customers do not have a statutory cooling-off period, unless agreed otherwise.

What if I don't inquire about the cooling-off period?

The term will then be extended by a maximum of one year. If you inquire at this stage, a new 14-day period will start.

When does the cooling-off period not apply?

Including for custom-made items, perishable products, or date-sensitive cards (provided this is reported in advance), and without notification for package holidays, properties, and small street purchases.

Arrange the cooling-off period properly

The legal experts at MKB Juristen prevent annual extensions for consumers and draft B2B cooling-off period agreements. View our expertise in contract law or contact us.