Right of Withdrawal for Distance Purchases in Den Haag
As a resident of Den Haag, for distance purchases – such as online or telephone orders – you have a right to a 14-day withdrawal period after receipt of the product or the start of a service. You can cancel the purchase without giving any reason, a protection that fits perfectly with the many webshops used daily by Den Haag residents.
Legal Basis of the Right of Withdrawal
This consumer protection is set out in the Dutch Civil Code (DCC), Book 6, Title 5.5.2 (Articles 6:230j to 6:230u DCC), based on EU Directive 2011/83/EU. The key provision is Article 6:230m DCC, which mandates a 14-day cooling-off period. Sellers must provide clear information upfront, including a model withdrawal form (Article 6:230n DCC). For services, the period starts with the agreement but lapses if fully performed with your consent (Article 6:230o DCC).
How Does the Right of Withdrawal Work in Practice?
The period begins upon delivery of the product (or the last item if multiple) or upon conclusion of the service agreement. A simple notification is sufficient; no explanation is required.
- Check if the seller included withdrawal information and the model form.
- Send your withdrawal notice within 14 days by email, post, or form.
- Return the product within 14 days in good condition (Article 6:230q DCC).
- The seller must refund everything within 14 days, including standard shipping costs (Article 6:230r DCC).
If the seller fails to provide proper information, the cooling-off period extends to 12 months plus 14 days.
Rights and Obligations for Den Haag Consumers
Your rights:
- Cancel without giving a reason, free of charge.
- Full refund including VAT and shipping.
- No additional costs, except your return shipping (unless the seller offers a free option).
Your obligations:
- Return the item in original packaging; minor inspection marks are acceptable.
- Pay return shipping costs, unless otherwise agreed.
Seller's obligations:
- Provide withdrawal details.
- Collect the item or provide a return label for suitable products.
Comparison: Online vs. In-Store Purchases in Den Haag
| Aspect | Distance Purchase | Physical Store (e.g., Den Haag City Centre) |
|---|---|---|
| Cooling-off Period | 14 days | No statutory right |
| Reason Required? | No | Often yes, depending on store policy |
| Return Shipping | Your responsibility (standard) | Often free, per seller |
| Legal Basis | Article 6:230m DCC | No specific right |
Exceptions to Withdrawal
Some products and services are excluded (Article 6:230p DCC):
- Hygiene items: cosmetics, underwear with broken seal.
- Custom-made: personalized clothing or furniture.
- Perishable: flowers, fresh meat.
- Urgent services: roadside assistance for breakdowns.
- Digital: e-books or streams started immediately with consent.
- Travel: tickets, holidays (unless otherwise specified).
Practical Examples for Den Haag
Example 1: You order a jacket online for €60 (incl. €6 shipping) from home in Den Haag. Doesn't fit after 8 days? Withdraw and return – seller refunds €60, you pay return (€7).
Example 2: Streaming service started immediately with consent: no withdrawal.
Example 3: Webshop silent on withdrawal? Then 12 months + 14 days cooling-off period.
More info in our article on online shopping.
Frequently Asked Questions
Can I withdraw for a defective item?
No, that falls under non-conformity (Article 7:17 DCC): claim repair, replacement, or refund via warranty.
Who pays return shipping?
You do, unless the seller provides a free label or delivery was incorrect. Check the seller's policy.
Seller won't refund?
Remind them in writing. No luck? Report to ACM ConsuWijzer, contact Juridisch Loket Den Haag, or proceed via District Court of Den Haag or Dispute Committee. Keep all evidence.
Does it apply to Marktplaats auctions?
Only for professional sellers; not private ones. Check terms.
Tips for Den Haag Residents
- Check terms and withdrawal info before buying.
- Use the model form from rijksoverheid.nl.
- Photograph items before return.
- Keep shipping proof and invoice for at least 1 year.
- For free advice: call Juridisch Loket Den Haag or visit the Municipality of Den Haag's consumer desk.