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What are terms of delivery for a webshop? They are the general terms and conditions that an online seller uses when selling to consumers, in which delivery, the right of withdrawal, information obligations, warranty, and payment are regulated within the limits of mandatory consumer law. Unlike business terms of delivery, you cannot tie down many clauses to your advantage here: in a consumer purchase, pursuant to Article 7:6 of the Dutch Civil Code, you may not deviate from the law to the detriment of the consumer. Your terms and conditions therefore primarily neatly record what the law already prescribes.
The short answer
- Webshop terms and conditions govern sales to consumers and comply with mandatory consumer law.
- The consumer has a 14-day cooling-off period and a right of withdrawal pursuant to Article 6:230o of the Dutch Civil Code.
- You must provide mandatory information in advance pursuant to Article 6:230m of the Dutch Civil Code.
- In principle, you must deliver within 30 days; otherwise, the consumer may dissolve the contract pursuant to Article 7:19a of the Dutch Civil Code.
- Pursuant to Article 7:6 of the Dutch Civil Code, you may not deviate from the law to the detriment of the consumer.
What are terms of delivery for a webshop and how do they differ
A webshop sells remotely to consumers. This means that consumer law under Books 6 and 7 of the Dutch Civil Code applies mandatorily. While you have considerable freedom with business customers to regulate delivery times, liability, and retention of title in your favor, that scope is limited with consumers. Provisions that disadvantage the consumer are often on the black list of Article 6:236 of the Dutch Civil Code or the grey list of Article 6:237 of the Dutch Civil Code and are therefore voidable.
Your terms and conditions therefore have a different function: they correctly inform the consumer and clearly define legal rights and obligations, rather than shifting risks to the customer. A set that attempts to do so actually works against you in practice.
Right of withdrawal and the 14-day cooling-off period
The right of withdrawal is the hallmark of distance selling. Pursuant to Article 6:230o of the Dutch Civil Code, a consumer may cancel an online purchase within 14 days without giving a reason and return the product. The period begins on the day after receipt of the product. If you do not inform the consumer of this right, the period is extended to a maximum of twelve months. Providing correct information is therefore not only proper, but it also limits your risk.
There are exceptions to the right of withdrawal in Article 6:230p of the Dutch Civil Code, for example for custom-made products, sealed hygiene articles that have been opened, or digital content delivered immediately with consent. You may specify these exceptions, but you cannot simply exclude the right of withdrawal for ordinary products.
Information obligations for you provide
Before the consumer purchases, you must provide mandatory information pursuant to Article 6:230m of the Dutch Civil Code. This includes the characteristics of the product, the total price including delivery costs, the method of payment and delivery, your identity and contact details, and information regarding the right of withdrawal using the model withdrawal form. This information must be clear and understandable and made available on a durable data carrier.
If, for example, delivery costs are not mentioned before the consumer places an order, the consumer is not required to bear those costs. The information obligations are therefore not a formality but have direct consequences for what you may pass on.
Delivery, term and risk
Unless otherwise agreed, you must deliver within 30 days. If you fail to deliver on time, the consumer may set a further deadline and, in the event that this is not met, dissolve the purchase agreement pursuant to Article 7:19a of the Dutch Civil Code. It is therefore important for a webshop to display realistic delivery times and to proactively inform customers of any delays.
The risk during transport lies with you. Pursuant to Article 7:11 of the Dutch Civil Code, in a consumer purchase, the risk only passes at the moment the consumer or a party designated by him receives the product. If a package is damaged or lost in transit, that is your problem, not the customer's. A provision that reverses this is not valid for consumers.
Why B2B structures don't work here
For business deliveries, you rely on a strong retention of title clause and extensive limitation of liability. In the case of a webshop, these structures fail due to mandatory consumer law. A clause that restricts the consumer too much is voidable via the black or grey list, and pursuant to Article 7:6 of the Dutch Civil Code, you cannot deviate from the statutory rules regarding conformity and delivery to the detriment of the consumer.
A brief illustration: an online electronics shop includes in its terms and conditions that returns are excluded and that damage during shipping is at the customer's expense. Both provisions are void or voidable. A customer who invokes their legal rights before the Netherlands Authority for Consumers and Markets or before the court will prevail, regardless of what is stated in the terms and conditions.
Honest recommendation
If you are starting a small webshop with standard products and a common assortment, you do not immediately need a lawyer. A reliable template that correctly follows the right of withdrawal, information obligations, and delivery time will get you far, as long as you do not use it to waive legal rights.
Do seek assistance for special products such as digital content, subscriptions, custom-made items, or hygiene products, for sales abroad, or if you are dealing with disputed returns. In such cases, you will want to have the exceptions to the right of withdrawal and your information obligations exactly right.
Want to know more or arrange it immediately? View the terms of delivery for a webshop on our contracts page, read how to draft webshop terms and conditions , and what it costs to have them drawn up.
Frequently Asked Questions
These are the general terms and conditions that an online seller uses when selling to consumers. They regulate delivery, the right of withdrawal, information obligations, warranty, and payment within the limits of mandatory consumer law.
With business customers, you have a great deal of freedom. With consumers, mandatory law applies: pursuant to Article 7:6 of the Dutch Civil Code, you may not deviate to the detriment of the consumer, and prejudicial clauses are voidable via the black or grey list.
Pursuant to Article 6:230o of the Dutch Civil Code, a consumer has a 14-day cooling-off period to withdraw without giving reasons. If you do not inform them of this, that period will be extended to a maximum of twelve months.
Pursuant to Article 6:230m of the Dutch Civil Code, this includes, among other things, the product characteristics, the total price including delivery costs, the payment and delivery method, your contact details, and information regarding the right of withdrawal with the model form. The customer is not required to bear any missing delivery costs.
Unless otherwise agreed, within 30 days. If you fail to deliver on time, the consumer may set a further deadline and, in the event of failure to do so, dissolve the contract pursuant to Article 7:19a of the Dutch Civil Code.
You as the seller. Pursuant to Article 7:11 of the Dutch Civil Code, the risk in a consumer purchase only passes when the consumer receives the product. Damage or loss during transport is at your expense, even if the terms and conditions state otherwise.
Not for ordinary products. However, statutory exceptions do apply in Article 6:230p of the Dutch Civil Code, such as for custom-made products, opened sealed hygiene articles, or directly delivered digital content with consent. You may specify these, but you cannot simply waive the right.
