Right of Withdrawal for Distance Contracts in Utrecht
As a consumer in Utrecht, you benefit from the right of withdrawal for distance contracts. This means you can cancel the purchase within 14 days of receiving a product or the start of a service, without giving any reason. Ideal for online orders, phone purchases, or other transactions outside a physical store, such as with Utrecht webshops.
Legal Basis for Utrecht Residents
The right is governed by 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. Key is Article 6:230m DCC, which requires a mandatory 14-day cooling-off period. Sellers must provide clear information upfront, including a model withdrawal form (Art. 6:230n DCC). For services, the period starts on conclusion of the contract but lapses if fully performed with your consent (Art. 6:230o DCC).
Right of Withdrawal Step by Step
The period begins on delivery of the product (or the last item if multiple) or, for services, on conclusion of the contract. A simple notification is sufficient; no explanation required.
- Check the enclosed withdrawal information and model form from the seller.
- Send your withdrawal notice within 14 days by email, post, or form.
- Return the product within 14 days in good condition (Art. 6:230q DCC).
- Seller refunds everything within 14 days, including standard shipping costs (Art. 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 in Practice
Rights as a Utrecht resident:
- Cancel without giving a reason, free of charge.
- Full refund including VAT and shipping costs.
- No additional costs, except your return shipping (unless seller offers free return).
Your obligations:
- Return the item in original packaging; traces of inspection are fine.
- Pay return shipping costs, unless otherwise agreed.
Seller's obligations:
- Provide withdrawal information.
- Arrange collection or provide a label for certain products.
Right of Withdrawal: Online vs. Utrecht Stores
| Aspect | Distance Purchase | Physical Store in Utrecht |
|---|---|---|
| Cooling-off Period | 14 days | No statutory right |
| Reason Needed? | No | Often yes (store policy) |
| Return Costs | For you (standard) | Often free in Utrecht |
| Legal Basis | Art. 6:230m DCC | No specific right |
Exceptions for Utrecht Buyers
Some products and services are excluded (Art. 6:230p DCC):
- Hygiene items: underwear, cosmetics (seal broken).
- Custom-made: personalized clothing or furniture.
- Perishable: fresh meat, flowers.
- Urgent services: car repairs.
- Digital: downloads after start with consent.
- Travel: tickets, hotels.
Utrecht Examples
Example 1: Bought a €60 jacket online from a Utrecht shop (€6 shipping). Doesn't fit after 12 days? Withdraw and return: seller refunds €60, you cover return costs.
Example 2: E-book download started immediately: no withdrawal right.
Example 3: No information on the right? Then 12 months + 14 days cooling-off period.
More about online shopping in Utrecht.
Frequently Asked Questions for Utrecht
Can I withdraw if defective?
No, that's under warranty (Art. 7:17 DCC): repair or replacement. Not via withdrawal.
Return costs?
You pay, unless seller provides free label or product is faulty.
Seller not refunding?
Send a written demand. No success? Contact Juridisch Loket Utrecht, Utrecht District Court, or Disputes Committee. Keep proof.
Applies to Marktplaats in Utrecht?
Only professional sellers; not private individuals.
Tips for Utrecht Residents
- Check terms and withdrawal information before purchase.
- Use the model form from Rijksoverheid.nl.
- Take photos when returning.
- Keep invoices and proof for at least 1 year.
- For advice: Juridisch Loket Utrecht or Municipality of Utrecht.