In distance selling, there is no direct contact between the buyer and seller. This applies, for example, to purchases via webshops or telephone orders. The law provides extra protection, because you cannot inspect the product beforehand.
What does distance selling entail?
Distance selling (Section 7.1.9A of the Dutch Civil Code) concerns an agreement concluded without the physical presence of both parties, for example via:
- Online platforms (webshops, marketplaces)
- Telephone sales
- Mail-order catalogues
- Email correspondence
Obligations of the seller
Prior to the purchase, the seller must provide transparent information about:
- Business name and contact information
- Essential characteristics of the product
- Full price, including any additional costs
- Payment and delivery conditions
- Right of withdrawal (or exceptions thereto)
- Contract duration and termination rules
Order confirmation
After the purchase, the consumer receives a confirmation on a durable medium (such as email or PDF) with all details and a model form for withdrawal.
Delivery time
The standard delivery time is a maximum of 30 days, unless otherwise agreed. In case of exceedance, the consumer may, after a notice of default, cancel the agreement.
Responsibility upon delivery
The risk of damage or loss during transport lies with the seller until the moment of delivery. Only thereafter does responsibility transfer to the buyer.
Frequently asked questions about online shopping
What are my rights regarding returns?
For online purchases, you have 14 days to return without reason, except for certain exceptions such as custom-made products.
How long is the warranty period?
Products must function for at least 2 years. Defects within the first 6 months are presumed to have been present at the time of purchase.
Can I claim interest on outstanding amounts?
Yes, you are entitled to statutory interest (approximately 8% per year) on unpaid amounts.
What to do in case of misleading practices?
You can file a complaint with the Consumentenbond, a government authority or take legal action.
What does a credit agreement entail?
A credit agreement sets out the conditions for borrowing money, including interest and repayment.
Practical questions about online purchases
How much cooling-off time do I have for an online order?
You are entitled to a 14-day right of withdrawal to cancel a purchase without giving a reason. This period starts upon receipt of the product or, for services, upon conclusion of the agreement. The seller must inform you about this and provide a withdrawal form. Note: for certain goods, such as custom-made products, this right does not apply.
What if my order does not arrive within 30 days?
If delivery fails to materialise, put the seller in default in writing (for example via email) and grant an additional reasonable period, such as 14 days. If delivery still fails, you can dissolve the agreement and reclaim your money. Keep all correspondence as evidence.
Who bears responsibility for damage or loss during shipping?
The seller is liable for damage or loss until the moment of delivery. In case of problems, you can demand a replacement product or refund. Inspect your package upon receipt and report any issues immediately to both the seller and the carrier.
Are return costs at my expense?
The seller must cover the standard return costs, unless they have explicitly stated in advance that these are at your expense. For international shipments, additional costs may arise. Keep your shipping receipt and request a confirmation of receipt for the return shipment.
What if a webshop ignores my right of withdrawal?
If a webshop wrongly refuses your right of withdrawal, you can report it to the Authority for Consumers & Markets (ACM) or the Disputes Committee for Distance Selling. Gather evidence such as emails and photos of the product. You can also seek legal assistance or bring a case before the court, for example via the District Court of The Hague (district).
Does the right of withdrawal also apply to discounted items?
Yes, you also have the right of withdrawal for sale items, except for exceptions such as perishable products or sealed hygiene products. The seller may not restrict this right solely because of a discount.
For legal support in Westland, you can contact Juridisch Loket Westland.