Right of Withdrawal for Distance Purchases for Westlanders
As a resident of Westland, for a distance purchase – such as online or by phone – you are entitled to a 14-day withdrawal period. You can cancel the purchase without giving a reason after receiving the product or the start of the service. This offers perfect protection for purchases made outside stores in 's-Gravenzande, Naaldwijk or Monster.
Legal Basis in the Civil Code
The rules are set out in Book 6, Title 5.5.2 of the Civil Code (Articles 6:230j to 6:230u DCC). This implements EU Directive 2011/83/EU. Article 6:230m DCC is key, providing the 14-day cooling-off period. Webshops in the region must inform you of this right upfront, including a model withdrawal form (Art. 6:230n DCC).
For services, the period starts on the date of the agreement. However, fully performed services with your consent are excluded (Art. 6:230o DCC).
How to Exercise Your Right of Withdrawal in Westland
The period begins on delivery of the product (or the last one if multiple deliveries). For services, it starts on the contract date. No reason is required – just send notification.
- Check if the seller provided the withdrawal form.
- Withdraw within 14 days by email, post or model form.
- Return the item within 14 days in good condition (Art. 6:230q DCC).
- The seller must refund everything within 14 days, including standard shipping costs (Art. 6:230r DCC).
No information on withdrawal provided? Then you get 12 months plus 14 days.
Rights and Obligations for Buyers and Sellers
Your rights in Westland:
- Cancel without stating a reason.
- Full refund including VAT and standard shipping costs.
- No extra charges, except your return shipping (unless free return was offered).
Your obligations:
- Return in good condition; traces of inspection are fine.
- Pay return shipping costs yourself, unless otherwise agreed.
Seller's obligations:
- Provide information on the right of withdrawal.
- Collect the item or provide a return label for suitable products.
Right of Withdrawal vs. In-Store Purchase in Westland
| Aspect | Distance Purchase | Physical Store |
|---|---|---|
| Cooling-off period | 14 days | No statutory right |
| Reason required? | No | Often yes (store policy) |
| Return costs | For you (standard) | Often free |
| Legal basis | Art. 6:230m DCC | No specific |
Exceptions for Westland Consumers
Some products/services are excluded (Art. 6:230p DCC):
- Hygiene: cosmetics, underwear (seal broken).
- Custom-made: personalised clothing or furniture.
- Perishable: flowers or meat from local greenhouses.
- Urgent: roadside assistance in Westland.
- Digital: e-books if download started immediately.
- Travel: tickets or holidays.
Practical Examples
Example 1: Online dress €50 (+€5 shipping) from a Naaldwijk webshop. Doesn't fit after 10 days? Withdraw and return: seller refunds €50, you pay €6 return shipping.
Example 2: E-book download with your consent: no right of withdrawal.
Example 3: No withdrawal information? 12 months + 14 days cooling-off period.
Frequently Asked Questions for Westland
Can I withdraw if it's defective?
No, that's non-conformity (Art. 7:17 DCC): seek repair or replacement under warranty.
Return costs?
You pay, unless the seller provides a free label or the product was faulty.
Not getting a refund?
Send a written demand. Then contact Het Juridisch Loket Westland, ACM ConsuWijzer, the District Court of Westland or the Disputes Committee. Keep proof.
Marketplace sales in Westland?
Only for professional sellers; not for private individuals.
Tips for Westlanders
- Check terms and conditions before buying from local webshops.
- Use the model form from Rijksoverheid.nl.
- Take photos when returning items.
- Keep invoices and proof for at least one year.
- Having issues? Call Het Juridisch Loket Westland or check the Municipality of Westland website for advice.
More about online purchases.