Cooling-off Period and Right of Withdrawal
In Westland, with its thriving horticultural industry, the cooling-off period and right of withdrawal – or right of withdrawal – is a crucial consumer right. You can cancel an online distance purchase within 14 days without giving a reason, ideal for orders of greenhouse supplies, plants or local products via webshops, phone or catalogs. This protects against hasty decisions and allows you to inspect goods at home.
What does the cooling-off period and right of withdrawal mean for Westlanders?
Under consumer law, the cooling-off period and right of withdrawal applies to all distance contracts, such as purchases from webshops in Naaldwijk or 's-Gravenzande, in-home demonstrations or phone orders. The law provides a 14-day cooling-off period to withdraw. If you cancel in time, the seller must refund your money, including delivery costs to your address in Westland.
The period starts upon receipt of the goods or conclusion of the service agreement. Crucially, the seller must inform you of this right in advance; otherwise, the period extends to 12 months plus 14 days.
Legal Basis
The provisions are set out in Book 6 of the Dutch Civil Code (DCC), Articles 6:230m to 6:230p, based on EU Directive 2011/83/EU. The ACM oversees compliance nationwide, but for disputes in Westland, you can turn to the Westland District Court or the Juridisch Loket Westland.
- Art. 6:230m DCC: Right of withdrawal for distance sales.
- Art. 6:230o DCC: 14-day period and seller's information duty.
- Art. 6:230p DCC: Refund within 14 days after withdrawal.
Exceptions under Art. 6:230n DCC, such as custom-made greenhouse items or opened hygiene products.
When does the right of withdrawal apply in Westland?
Always for:
- Orders via webshops in the region.
- Purchases by phone or app.
- In-home sales in your Westland residence.
- Orders from local catalogs or flyers.
Not for:
- In-store purchases, such as in Monster.
- Live auctions (but yes for online auctions).
- Custom-made products, e.g., special plant nursery items.
- Hygiene items with broken seal, such as underwear.
| Situation | Right of Withdrawal? | Westland Example |
|---|---|---|
| Webshop garden set | Yes | Ordered a garden set online for your greenhouse in Poeldijk? Withdraw within 14 days if too large. |
| Store in town center | No | Bought in a Kwintsheul store: only store return possible. |
| Personalized plant pot | No | With name for Westland business: no withdrawal. |
| Fresh vegetables package | Partial | Only unused portion returnable, considering shelf life. |
Rights and Obligations upon Withdrawal
Your Rights as a Westland Consumer
Withdraw freely. The seller must:
- Refund the full amount within 14 days of becoming aware.
- Reimburse outbound shipping costs.
- Arrange free pickup or provide a return label.
Your Obligations
Return the item in good condition: unused, with packaging. Minor wear for inspection is allowed, but damage may result in deductions.
Practical Examples from Westland
Example 1: On October 1, you order a plant cabinet online for €800 (plus €40 shipping) from Wateringen. Received on October 5, withdraw on October 15 by email. Seller refunds €840; return at their expense.
Example 2: Streaming subscription from October 1. Withdraw on October 10: immediate cancellation, no payment.
Example 3: Opened skincare cream from webshop: no withdrawal.
If a shop ignores you: First remind them, then report to ACM, Juridisch Loket Westland or Disputes Committee. For refund issues, see our article on Refund or Voucher.
Frequently Asked Questions
No withdrawal form received, what now?
Yes, period extends to 12 months + 14 days. Use ACM model letter.
Product used, is that allowed?
Test use okay for assessment, excessive not (e.g., testing plant variety). Provide proof of return shipment!
Applies to gifts in Westland?
Yes, buyer withdraws as consumer.
Pay return costs myself?
No, seller pays until receipt. Request free label.
Tips for Westlanders
Avoid hassle:
- Check terms before purchase.
- Download ACM form from ACM.nl.
- Withdraw by registered mail or email with date.
- Take photos of product condition.
- Problems? Go to Juridisch Loket Westland, Thuiswinkel Waarborg or Westland District Court.
See also: Consumer Law, Webshop Return Policy, Refund or Voucher.
Unsure? Call Juridisch Loket Westland for free legal advice.