Right of Withdrawal for Doorstep Sales in Utrecht
The right of withdrawal for doorstep sales allows Utrecht residents to cancel a door-to-door purchase within 14 days without giving a reason. This protects Utrecht residents from impulsive decisions during unexpected sales visits at home, for example in neighborhoods like Kanaleneiland or Tuindorp. Doorstep sales, also known as door-to-door selling, fall under the rules for off-premises contracts and provide a statutory cooling-off period for informed decisions.
When does the right of withdrawal apply to door-to-door sales in Utrecht?
Doorstep sales involve the sale of products or services at your home address by a seller without a fixed establishment at your home. Examples in Utrecht: a door-to-door salesperson offering vacuum cleaners, solar panels, or double glazing. This article builds on our overview of door-to-door sales.
The right of withdrawal applies to off-premises contracts such as doorstep sales. Utrecht residents have 14 days to reconsider from the purchase date or delivery of information. Without this right, you risk being bound by a high-pressure contract.
Legal Basis for the Right of Withdrawal
The rules are laid down in Dutch Civil Code Book 6 (DCC), Title 3, Section 5.3. Key articles:
- Art. 6:230m DCC: Describes off-premises contracts, including door-to-door sales at home.
- Art. 6:230o DCC: Establishes the 14-day cooling-off period.
- Art. 6:230h DCC: Requires sellers to inform about the right of withdrawal, often via a model form.
- Art. 6:230j DCC: Additional requirements for doorstep sales, such as written confirmation within 7 days.
These provisions implement EU Directive 2011/83/EU. Since 2014, door-to-door sales have the same 14-day period as online shops.
The Right of Withdrawal in Utrecht Practice
Step-by-step guide:
- Enter into the agreement: Seller provides a copy of the contract plus withdrawal information.
- Cooling-off period: 14 days from receipt of information or products.
- Cancellation: Send a clear statement (post, email, or form), e.g., "I cancel the purchase of [product] dated [date]."
- Refund: Seller reimburses everything within 14 days, including shipping costs.
- Return shipment: Goods returned at seller's expense, unless otherwise agreed.
Utrecht case 1: Ms. Van der Linden from Ondiep buys a water purifier for €500 at the door. After four days, she reconsiders and sends the model form by registered mail. Seller refunds and collects it within a week.
Utrecht case 2: Mr. Bakker from Overvecht signs up for an energy subscription. Within 10 days, he withdraws. Upon refusal, he refers to Art. 6:230o DCC; seller complies.
Rights and Obligations upon Cancellation
| Your rights as a Utrecht resident | Seller's obligations | Your obligations |
|---|---|---|
| 14 days without giving a reason | Inform about the right | Return products undamaged |
| Full refund within 14 days | Bear return costs | Send cancellation notice on time |
| No costs if unused | Provide model form | Archive proof of cancellation |
Try products as you would in a store, but avoid 'significant wear and tear'. Missing information? Cooling-off period extends up to 12 months!
Exceptions for Doorstep Sales in Utrecht
Not everything qualifies:
- Purchases under €50 (unless explicitly stated otherwise).
- Custom-made items (e.g., tailored clothing).
- Hygiene products with broken seal (e.g., cosmetics).
- Transport or hospitality contracts.
Review the purchase agreement carefully.
Frequently Asked Questions about Door-to-Door Sales
Do I need to give a reason for cancellation?
No, a simple statement suffices, such as on the model form.
No model form received?
Cooling-off period starts upon receipt of information, max 12 months + 14 days. Demand it.
Can I withdraw after delivery?
Yes, within 14 days. Return at seller's expense.
Does it apply to telephone doorstep sales?
Yes, for off-premises cases.
Tips for Utrecht Residents
- Review the contract before signing and insist on the cooling-off period.
- Withdraw by registered mail for proof.
- Keep all documents.
- Problems? Report to ACM, Het Juridisch Loket Utrecht, or Utrecht District Court. For disputes: Municipality of Utrecht for local advice.
- Also read: Consumer Purchase and Cooling-off Period.
Unsure? Call Het Juridisch Loket Utrecht for a free initial consultation or engage a local lawyer. This way, you effectively enforce your rights.