Have you bought something online or by phone from a company based in the EU, Norway, or Iceland? In most cases, you have 14 days to change your mind. During this time, you can cancel your purchase for any reason. The seller must also give you clear information before you buy, including details about the price, payment, delivery, and how the purchase will be carried out. These rules come from the Distance Selling Act.
If you order a product or service online or by telephone, you are committing to a distance contract. This means you have no live contact with the seller. Examples of distance buying are:
#distance-selling-regulations-distance-contract
When distance buying, you have consumer rights that apply to any purchases and also to a number of additional rights, such as the right to terminate the purchase. This is called the right of withdrawal.
If you regret your purchase within 14 days, or the product or service is disappointing in reality, you are generally allowed to terminate your purchase without providing any grounds. This is subject to the condition of returning the product or service in its original state.
#distance-selling-regulations-my-rights
If the seller has not provided full and complete information about your purchase, you have the right to terminate the purchase contract. You may cancel your purchase if:
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The rules of distance contracts do not apply to all products and services bought by means of a distance contract. Exceptions that do not fall within the scope of the above rules are:
Please note: if you buy one of the above exceptions or make use of such services, you are not protected by the Distance Selling Act.
#distance-selling-regulations-exceptions-distance-contracts
The seller may charge a fee in addition to the product price, including shipping charges, administrative charges, and for using a specific payment method. Such charges must be clearly stated during the order process in order to help you avoid any unpleasant surprises. If the seller does not provide full and correct details in this respect, you do not need to pay such charges. The charges may not exceed the actual price of the item you purchased.
#distance-selling-regulations-additional-fee
The seller is obligated to provide contact details on his website. Which contact details? That is something that the seller decides. As long as you can get in touch with the seller quickly and directly. The seller may provide you a phone number, online chat or callback function.
#contact-details-webshop
The seller must provide you with full and complete information before the distance contract is agreed, in particular regarding the seller's identity and contact details for complaints and questions. This information must be available to you and easy and quick to find.
#distance-selling-regulations-general-information-about-product
The seller has an obligation to provide you with full and clear information before entering into a purchase contract for a digital product or digital service in order to ensure you understand your rights and obligations.
#distance-selling-regulations-about-digital-product-or-service
Regarding distance contracts, the seller must provide you with full and clear information about the products or services offered to you in order to help you avoid an unwanted purchase.
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The seller has an obligation to provide you with full and clear information before entering into a purchase contract for a digital product or digital service in order to ensure you avoid subscribing to an unwanted service or product.
#distance-selling-regulations-information-subscription
When you agree to a distance contract, you want to know how, when and on which conditions the product or service will be delivered. The seller has an obligation to provide you with full and clear information about the delivery of the product or service.
#distance-selling-regulations-information-about-delivery
If you buy something, you are entitled to a good product. That means that the product will do what you could reasonably expect it to do. If the product does not meet your expectations, you are entitled to repair or replacement. The seller has an obligation to provide you with full and clear information about the service after your purchase in case of a distance contract in order to ensure you understand what to expect.
#distance-selling-regulations-information-service-after-purchase
The seller has an obligation to set up the order procedure of the online shop in such a way that it is absolutely clear to you that you are about to make a purchase. The order button must clearly indicate that you are placing an order and accept a payment obligation as soon as you click the button. If this is not stated clearly enough, you are not legally bound to honour the purchase contract. Furthermore, it must be possible to click through the order process with ease, and any additional options that are available at additional charges should not be ticked by default.
#distance-selling-regulations-rules-order-procedure
The seller has the obligation to send you a confirmation of the purchase contract as soon after your online purchase as possible. If you have entered into a contract by telephone (telemarketing) for the performance of a service for a certain period, this is not valid until you receive a confirmation accordingly by post or email.
Examples of such services include: supplying electric power, water and gas; a mobile telephone subscription; or a heating boiler maintenance contract.
#distance-selling-regulations-confirmation-of-the-purchase
The seller may charge a fee in addition to the product price, including shipping charges, administrative charges and for using a specific payment method. Such charges must be clearly stated during the order process in order to help you avoid any unpleasant surprises. If the seller does not provide full and correct details in this respect, you do not need to pay such charges. The charges may not exceed the actual price of the item you purchased.
#distance-selling-regulations-additional-fee
The seller has an obligation to deliver your product within 30 days of your purchase, unless a different delivery time was agreed with you. If the seller does not deliver the item on time, Propose a new delivery time in writing (by post or email). This term must naturally be reasonable, e.g. 14 days. If the seller does not respond, you have the right to dissolve the contract, and the seller must refund you immediately.
Have you completed the above steps and you are unable to agree on a solution? Then please contact our legal specialists. We can mediate between you and the company. Free of charge.
#distance-selling-regulations-rules-delivery-times
The seller has an obligation to provide you with full and clear information about the cooling-off period in order to ensure you understand your rights and obligations. Even if a cooling-off period is not set out in the terms and conditions, the seller must provide you with such information. If the seller does not provide full information regarding the cooling-off period, the cooling-off period is automatically extended by a maximum of 12 months.
#distance-selling-regulations-cooling-off-period
The 14-day cooling-off period during which you can cancel the purchase does not apply for all products bought by means of a district contract. You are not granted a cooling-off period for:
#distance-selling-regulations-exceptions-cooling-off-period
When agreeing to a distance contract, you have not been able to see the product as you could in a shop. That is why you are allowed to remove your item, such as clothes or shoes, from the packaging to try it on at home. You are also allowed to open the packaging of other products to see the item. This does not apply to sealed products, such as digital products or items sealed for hygiene reasons.
Also, you are not permitted to use the product during the cooling-off period if you are unsure whether you want to keep it. Have you done something with the item during the cooling-off period that was not necessary to evaluate the item and you want to return the item? Then the seller reserves the right to demand a compensation after receiving the item returned.
#distance-selling-regulations-usage-of-purchase-during-cooling-off-period
When agreeing to a distance contract for a product that is sealed for hygiene reasons or sealed digital products, you are not permitted to break the seal to test the product and then return it. The withdrawal right expires as soon as you break the seal.
#distance-selling-regulations-returning-of-purchase-after-breaking-seal
If you have a complaint about an online seller, we recommend you to first contact the seller to see if you can agree on a solution. If the company does not respond to your complaint about your online purchase, you can lodge a complaint with the European Consumer Centre.
#distance-selling-regulations-complaint-online-seller
Do you live in the Netherlands and have a problem with a seller from another EU member state, Norway or Iceland that you cannot resolve together?
Contact the European Consumer Centre (ECC) through the complaint form for help. The seller must be in another EU country, Norway, Iceland, or the United Kingdom. Our lawyers will help you resolve your problem. This is a free ECC service.
#help-from-ecc
If you have a complaint about a Dutch seller, you can contact the Juridisch Loket. The lawyers at the Juridisch Loket can advise you and possibly refer you to an agency or lawyer who can help you solve the problem.
Do you think the seller is not following the rules? Report this to ACM ConsuWijzer!! The website is in Dutch, but reports can be filed in English. Your report helps the Authority Consumer and Market (ACM) to see which companies are breaking the rules and where they need to take action. The ACM can also provide you with advice to solve the problem (in Dutch).
#complaint-dutch-seller
The Netherlands Consumer and Markets Authority (ACM) supervises and enforces the seller’s compliance with the mandatory disclosure. If a seller does not comply with regulations, the ACM can impose enforcement measures. The purpose is to create a playing field where sellers comply with the rules and you invoke your rights.
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The European Consumer Centre informs you about your consumer rights in the EU, provides free legal advice for cross-border disputes, and offers mediation if you and a seller can’t reach an agreement. On our website, you’ll find clear information, practical tips, and sample letters to help you take the right steps.