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A webshop may request prepayment, but may not require a consumer to pay the full purchase price in advance. Pursuant to Article 7:26 paragraph 2 of the Dutch Civil Code, a consumer cannot be forced to pay more than half in advance. In practice, therefore, you must offer a payment method that does not require full upfront payment.
Prepayment is allowed, but not fully mandatory
Many webshops require full prepayment, for example via iDEAL, and only ship after receiving the money. This is permitted in itself, provided the customer agrees. However, you may not require a consumer to pay the entire purchase price in advance.
The rule from Article 7:26 paragraph 2 of the Dutch Civil Code
In a consumer purchase, the buyer cannot be required to pay more than half of the purchase price in advance. This is a unique European exception that applies in the Netherlands. Strictly speaking, therefore, you must offer an option whereby the consumer does not have to pay more than half in advance, and the remainder upon or after delivery.
Why this feels difficult for webshops
Many webshop owners find this rule annoying because they want to avoid the risk of non-payment. Therefore, in practice, they often offer pay-later services (whether or not via an external party), so that the consumer does not have to pay everything in advance and you are still protected against non-payment.
How do you handle this?
Offer a payment option where the consumer is not required to pay the full amount upfront, such as a pay-later service. If you primarily prefer prepayment, clearly communicate the options. This way, you comply with regulations while simultaneously limiting your payment risk.
Frequently Asked Questions
Am I allowed to demand full prepayment from a consumer?
No. Pursuant to Article 7:26 paragraph 2 of the Dutch Civil Code, a consumer cannot be required to pay more than half in advance.
Should I offer payment after delivery?
You must offer an option where the consumer does not have to pay everything in advance. A pay-later service is a common solution for this.
How do I protect myself against non-payment?
For example, via an external pay-later service that assumes the risk, so that you are still assured of payment.
Is your webshop legally in order?
Our legal experts draft your general terms and conditions and perform a legal scan of your webshop. Schedule a free consultation.
