Cooling-off Period and Right of Withdrawal
In Den Haag, as a consumer, you benefit from the right of withdrawal, also known as the cooling-off period. This statutory right allows you to cancel a distance purchase within 14 days without explanation. It applies to online shop purchases, telephone orders, or catalogs from the region. This prevents regret from hasty decisions and lets you test goods calmly at home in Den Haag.
What does the cooling-off period and right of withdrawal mean for residents of Den Haag?
Under consumer law, the cooling-off period and right of withdrawal is essential for purchases without physical contact with the seller, such as Den Haag webshops, home demonstrations, or phone orders. You get a 14-day cooling-off period to withdraw. If you cancel correctly, the seller refunds your money, including shipping costs for delivery to your Den Haag address.
The period starts upon receipt of the product (goods) or conclusion of the agreement (services). Crucial: the seller must inform you of this right beforehand; 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 (BW), articles 6:230m to 6:230p, based on EU Directive 2011/83/EU. The ACM provides national supervision, but for disputes in Den Haag, you can turn to the Rechtbank Den Haag.
- Art. 6:230m BW: Right of withdrawal for distance sales.
- Art. 6:230o BW: 14-day period and seller's information duty.
- Art. 6:230p BW: Refund within 14 days after withdrawal.
Exceptions under art. 6:230n BW: such as custom-made products or opened hygiene items.
When does this right apply in Den Haag?
Always for:
- Orders via Den Haag or national webshops.
- Purchases by phone or app.
- Home sales in your Den Haag residence.
- Orders from local catalogs or flyers.
Not for:
- Purchases in physical stores, such as in the city center.
- Live auctions (but yes for online auctions).
- Custom-made items.
- Hygiene products with broken seal, such as lingerie.
| Situation | Right of Withdrawal? | Den Haag Example |
|---|---|---|
| Online clothing shop | Yes | Online dress from Den Haag boutique doesn't fit? Withdraw within 14 days. |
| Store in city | No | No cooling-off period in de Passage; follow store return policy. |
| Custom gift | No | Personally engraved: no option. |
| Fresh products | Partially | Only unopened portion returnable for market order. |
Your Rights and Obligations on Withdrawal
Rights as a Den Haag Resident
Withdraw freely. The seller must:
- Refund in full within 14 days of your notice.
- Reimburse delivery shipping costs.
- Arrange free pickup or provide a return label.
Your Obligations
Return the item in good condition: unused, with packaging. Trial use is permitted, but any damage allows a deduction.
Practical Examples from Den Haag
Example 1: On October 1, you order a sofa set online for €1,000 (€50 shipping) from a Den Haag supplier. It arrives on October 5; you withdraw on October 15 by email. Full refund within 14 days, with free return to the seller.
Example 2: Streaming subscription starting October 1. Withdraw on October 10: service stops immediately, no charges.
Example 3: Cosmetics ordered, seal broken: no withdrawal possible.
If ignored: send a reminder email. Then report to the ACM or contact Juridisch Loket Den Haag for assistance. For escalation: Rechtbank Den Haag or Disputes Committee. Read more about getting your money back.
FAQs for Den Haag
No withdrawal form received?
Yes, the period extends to 12+14 days. Use the ACM model letter or seek help from Juridisch Loket Den Haag.
Product used?
Reasonable trial use is fine; excessive use is not. Take photos and keep proof of shipment.
Applies to gifts?
Yes, for the buyer in Den Haag.
Pay return shipping yourself?
No, seller covers it until receipt. Request a free label.
Tips Specific to Den Haag
Avoid hassle:
- Check terms before buying.
- Download ACM form from ACM.nl.
- Withdraw by registered mail or dated email.
- Take photos of condition for returns.
- Disputes? Start at Juridisch Loket Den Haag or Thuiswinkel Waarborg.
More info: Consumer Rights, Webshop Returns, Money Back.
Unsure? Call Juridisch Loket Den Haag for free legal advice.
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