What is advertising law?

The right of reclamation is the statutory right of a supplier to reclaim delivered movable goods from a buyer who has not paid the purchase price. By invoking the right of reclamation,
the sales contract is dissolved and the buyer's right of ownership is immediately extinguished — the goods revert to the property of the supplier.

The right of reclamation is regulated in Article 7:39 of the Dutch Civil Code. It is a statutory right that exists automatically
with every delivery of movable goods. You do not need to stipulate it in advance in a contract or general terms and conditions — it applies by operation of law.

This makes the right of reclamation an often overlooked but powerful legal remedy. Especially in situations where
no retention of title has been agreed upon.

When can you invoke the right of reclamation?

You can invoke the right of reclamation if three conditions are met.

First, you have supplied movable property. The right of reclamation applies only to movable property that
is not registered property. Think of machinery, stocks, raw materials, vehicles, or goods. Not to
aircraft, ships, or real estate.

Secondly, the purchase price has not been paid (in full). The payment term has expired and the buyer is in default.

Thirdly, the goods are still in the same condition. The delivered goods have not been processed, modified, or combined with other items. If the goods have already been processed into a new finished product, the right of complaint lapses.

The two expiration dates — trade fast

This is the most critical point regarding the right of reclamation. The right lapses as soon as both of the following periods have expired:

Six weeks after your claim for payment has become due — thus six weeks after the expiry of the payment term.

Sixty days after the goods have actually been delivered to the buyer or stored by the buyer.

As long as you act within one of these two periods, you can still invoke the right of complaint. If both periods have expired, the right lapses permanently.

This means: act quickly. Are you in doubt? Have your position assessed before the deadline expires.

How do you invoke the right of advertising?

You invoke the right of reclamation by means of a written statement addressed to the buyer. In that statement, you indicate that you are invoking the right of reclamation and reclaiming the goods.

Ensure that the statement makes it clear that you are invoking the right of reclamation — and not merely terminating the agreement. That is an important legal distinction.

Keep proof of dispatch. Send the statement by email with a read receipt and, for significant interests, also by registered post.

Right of reclamation in case of bankruptcy

The right of reclamation also applies in the event of the buyer's bankruptcy — and that is the major advantage compared to normal dissolution or an unsecured claim.

In the case of an ordinary dissolution, as a supplier, you stand in line with the bankruptcy trustee together with the other creditors. With the right of reclamation, you can reclaim the goods as the owner — regardless of the ranking of creditors.

In that case, you address the written statement to the trustee. The trustee then has a reasonable period — usually 14 days — to pay the purchase price or provide security for it. If the trustee fails to do so, you can reclaim the goods.

Difference from retention of title

Both the right of reclamation and retention of title offer the possibility to reclaim goods in the event of non-payment. However, there are two crucial differences.

The right of reclamation is a statutory right — you do not need to agree to it in advance. You must include the retention of title clause in your general terms and conditions or contract before you deliver.

The right of reclamation has a strict limitation period. The retention of title has no deadline and remains valid as long as a claim is outstanding.

In practice, a good retention of title clause is stronger than the right of reclamation — but the right of reclamation is the safety net if you have forgotten to stipulate a retention of title.