Right of Withdrawal in Den Haag
As a resident of Den Haag, you have a right of withdrawal as a Dutch consumer, providing a 14-day cooling-off period to return a product or service without giving a reason. This protects against impulsive decisions on online orders, telephone sales, or distance purchases. Learn when it applies and how to exercise it in the Den Haag area.
When does the right of withdrawal apply in Den Haag?
The right of withdrawal is a cornerstone of consumer law and applies to distance contracts or sales outside the physical store, such as via webshops, telephone, mail order, or at markets like the Haagse Markt. In a Den Haag shopping street like the Grote Marktstraat, you do not have this right, unless the store offers its own return policy.
The 14-day cooling-off period begins upon receipt of the product or, for services, upon conclusion of the agreement. If the seller fails to provide mandatory information, the period extends to 12 months. In Den Haag, you can get advice on your rights from the Juridisch Loket Den Haag.
Legal basis of the right of withdrawal
This right is set out in Book 6 of the Dutch Civil Code (DCC), Title 5.4.2a on 'Distance contracts and sales outside the sales premises'. Key articles:
- Article 6:230m DCC: Establishes the 14-day cooling-off period.
- Article 6:230n DCC: Requires the seller to provide clear information.
- Article 6:230o DCC: Explains how to withdraw.
- Article 6:230p DCC: Lists the exceptions.
These rules implement EU Directive 2011/83/EU and have been in effect since 2014. For more information: consult the Juridisch Loket Den Haag.
Your rights and obligations upon withdrawal
Rights for Den Haag residents:
- Cancel free of charge within 14 days, no reason required.
- Full refund including standard shipping costs, within 14 days of notification.
- Extended period up to 12 months if information is missing.
Obligations:
- Return the product undamaged with all accessories and packaging.
- Pay for return shipping yourself, unless otherwise stated.
- Limited use: no extra wear from unnecessary testing.
A damaged item due to your fault may be refused.
Exceptions to the right of withdrawal
Not every product or service in Den Haag qualifies for this right. Overview:
| Category | Exception | Example |
|---|---|---|
| Hygiene items | Opened and non-withdrawable | Underwear, swimwear |
| Personalized items | Made to measure | Engraved jewelry |
| Services | Performed with your consent | Concert tickets at Ziggo Dome |
| Perishables | Perishable goods | Fresh fish from the Haagse Markt |
| Digital content | Opened media | Opened software or DVDs |
See Article 6:230p DCC for the full list. Always check the shop's terms and conditions.
Practical examples for Den Haag
Example 1: Online fashion from a webshop. You order shoes from a Den Haag webshop on October 1, receive them on October 5. Withdraw by October 19 via email. Full refund follows within 14 days.
Example 2: Telephone contract. Signed over the phone? Services cannot start before 14 days without your consent. Use the model form.
Example 3: Market purchase. Lamp from the Haagse Markt: no right of withdrawal, as it is not a distance sale. Online via Marktplaats: yes.
Example 4: Missing information. Webshop silent on withdrawal? Period starts only upon notification, up to 12 months maximum.
Frequently asked questions
Can I return an item in Den Haag if it doesn't fit?
Yes, no reason needed within 14 days if in good condition. Ideal for the cooling-off period.
Return shipping costs: who pays?
You do, unless the shop offers free returns or it's their error. Standard costs are refunded.
No refund? What now?
File a written complaint by email. Then: ACM, dispute committee, Rechtbank Den Haag or Juridisch Loket Den Haag.
Does it apply to second-hand items in Den Haag?
Yes, from professional sellers. Not from private sellers (Article 6:217 DCC).
Tips for optimal use in Den Haag
Maximize your right of withdrawal:
- Check terms: Search 'return' in Den Haag shops.
- Model form: Download from Juridisch Loket Den Haag.
- Keep proof: Track & Trace and emails.
- Test carefully: Only normal use permitted.
- Need help?: Call Juridisch Loket Den Haag for free consultations. See also: warranty or cooling-off period.
Read more: Distance contracts and Webshop rights Den Haag.
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