Cooling-off Period and Right of Withdrawal
As a resident of Utrecht, you have the right to the cooling-off period and right of withdrawal, also known as the right of withdrawal. This statutory right allows consumers to cancel a distance purchase within 14 days without giving a reason. This applies to purchases via webshops, telephone orders, or catalogues. It prevents impulsive decisions and offers the chance to inspect products at home, ideal for Utrecht residents who shop online frequently.
What Does the Cooling-off Period and Right of Withdrawal Mean for Utrecht?
Under consumer law, the cooling-off period and right of withdrawal is essential for distance contracts, such as online orders or in-home sales in Utrecht. The law provides a 14-day 'cooling-off period' to reconsider. If you cancel in time, the seller must refund your money, including shipping costs for delivery to your address in Utrecht.
The period starts on the day of receipt (for goods) or the contract date (for services). Crucially, the seller must inform you of this right in advance; otherwise, the period extends to 12 months plus 14 days. In Utrecht, you can turn to Het Juridisch Loket Utrecht to check your rights.
Legal Basis
The cooling-off period and right of withdrawal is regulated in Book 6 of the Dutch Civil Code (BW), articles 6:230m to 6:230p. This implements the European Directive 2011/83/EU. The Authority for Consumers & Markets (ACM) oversees compliance nationwide, while the District Court of Utrecht has jurisdiction for local disputes.
- Art. 6:230m BW: Right of withdrawal for distance sales.
- Art. 6:230o BW: 14-day period and seller's information obligation.
- Art. 6:230p BW: Refund within 14 days after withdrawal.
Exceptions are listed in art. 6:230n BW, e.g., for custom-made or hygiene products.
When Does the Right of Withdrawal Apply in Utrecht?
Always for:
- Orders via webshops.
- Purchases by phone or app.
- In-home sales or demonstrations in Utrecht homes.
- Orders from local flyers or catalogues.
Not for:
- Purchases in physical stores, such as Hoog Catharijne.
- Traditional auctions (but yes for online auctions).
- Custom-made items.
- Hygiene products with broken seals, e.g., lingerie.
| Situation | Right of Withdrawal? | Utrecht Example |
|---|---|---|
| Webshop bike | Yes | Ordered a bike online for Utrecht cycle paths? Withdraw within 14 days if too big. |
| Store in city | No | In Oudegracht shop: only store return policy. |
| Personalised item | No | Utrecht souvenir with name: no withdrawal. |
| Fresh products | Partial | Only unspoiled portion, e.g., Utrecht market order. |
Rights and Obligations upon Withdrawal
Your Rights as a Utrecht Resident
Withdraw freely. The seller must:
- Refund in full within 14 days of notification.
- Reimburse outbound shipping.
- Arrange free pickup or provide a return label.
Your Obligations
Return the product in good condition: unused, with packaging. Minor marks from inspection are allowed, but damage may result in a deduction from the refund.
Practical Examples for Utrecht
Example 1: On October 1, you order an e-bike for €1,000 (€50 shipping) via a webshop for Utrecht hills. Received on October 5, you withdraw on October 15 by email. Seller refunds €1,000; return at their expense.
Example 2: Streaming subscription from October 1. Withdrawn on October 10: immediate cancellation, no further costs.
Example 3: Cosmetics with broken seal: withdrawal excluded.
If a webshop ignores you: send a reminder, then report to ACM or Disputes Committee. For escalation: District Court of Utrecht or Het Juridisch Loket Utrecht. See also Refund or Voucher.
Frequently Asked Questions
No withdrawal form received?
Yes, period extends to 12 months + 14 days. Use ACM model letter or get help from Het Juridisch Loket Utrecht.
Product used?
Trial use OK, excessive not (e.g., biking 50 km through Utrecht). Provide proof of shipment!
Applies to gifts?
Yes, buyer withdraws as consumer.
Return costs?
No, seller pays until receipt. Request free label.
Tips for Utrecht Residents
Avoid hassle:
- Check terms before buying.
- Download ACM form via ACM.nl.
- Withdraw by email/registered mail.
- Take photos of condition for return.
- Disputes: Thuiswinkel Waarborg, Disputes Committee, or District Court of Utrecht.
- Free advice: Het Juridisch Loket Utrecht.
More: Consumer Law, Webshop Returns, Refund.
Unsure? Contact Het Juridisch Loket Utrecht or Arslan Advocaten for local advice in Utrecht.