In a distance sale, 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 (regulated in Section 7.1.9A of the Dutch Civil Code) concerns an agreement where the buyer and seller are not physically present together, such as purchases via:
- Webshops and online platforms
- Telephone sales
- Mail-order catalogues
- Email orders
Obligations of the seller
Before the purchase, the seller must provide transparent information about:
- Business name and contact information
- Characteristics of the product or service
- Full price, including any additional costs
- Payment and delivery conditions
- The right of withdrawal (or exceptions thereto)
- Contract duration and termination options
Order confirmation
After the purchase, the consumer receives a confirmation on a durable medium (such as email or PDF) with all relevant details and a withdrawal form.
Delivery time
Delivery must take place within 30 days, unless otherwise agreed. If this period is exceeded, the consumer may, after a notice of default, cancel the agreement.
Responsibility upon delivery
The risk of damage or loss lies with the seller until the moment of delivery. Only after receipt does this risk pass 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 does the legal warranty apply?
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 can claim statutory interest (approximately 8% per year) on the amount due.
What to do in case of misleading sales practices?
You can file a complaint with the Consumentenbond, a government authority or submit the matter to the court.
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 have a right to a 14-day cooling-off period (right of withdrawal) to cancel an online purchase free of charge. 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 return form. Note: this right does not apply to certain items, such as custom-made products.
What if my order does not arrive within 30 days?
If delivery does not occur within 30 days, formally put the seller in default in writing (e.g. via email) and grant an additional reasonable period (such as 14 days). If delivery still fails, you can dissolve the agreement and reclaim your payment. Keep proof of communication carefully.
Who is responsible 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. The risk only passes after receipt (e.g. at home or at a pick-up point). Check your package immediately and report any damage to both the seller and the carrier.
Am I responsible for return costs?
The seller must cover the standard return costs, unless explicitly stated that you pay them. For international orders, additional costs may arise. Always keep the shipping proof and request a receipt confirmation. Clearly state upon return whether the seller must reimburse the costs.
What if a webshop does not recognise my right of withdrawal?
If a webshop unjustly refuses to respect your right of withdrawal, file a complaint with the Authority for Consumers & Markets (ACM) or the Thuiswinkel Disputes Committee. Gather evidence such as correspondence, purchase proofs and photos of the product. You can also seek legal assistance or bring a case. The seller is obliged to respect your rights.
Does the cooling-off period also apply to discounted items?
Yes, the right of withdrawal also applies to discounted products. Exceptions apply only to specific categories such as perishable goods, hygiene products with broken seals or personalised items. A seller may not limit the right based on a discount.
Local assistance in Zoetermeer: For legal advice on online purchases, you can go to the Juridisch Loket Zoetermeer. Disputes fall under the District Court of The Hague (district).