Cooling-off Period and Right of Withdrawal for Delft Residents
As a resident of Delft, 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 includes online orders from Delft-based webshops, telephone sales, or catalogue purchases. It prevents buyer's remorse and provides time to inspect goods at home.
What does the cooling-off period and right of withdrawal mean for you in Delft?
Consumer law emphasizes the cooling-off period and right of withdrawal for distance sales, such as online purchases, home demonstrations, or telephone orders. The law provides a 14-day cooling-off period to reconsider your purchase. If you withdraw correctly, the seller must refund your money, including the delivery costs.
The period starts on receipt of the product (for goods) or on agreement to the contract (for services). Crucially, the seller must inform you of this right in advance; otherwise, the period extends to 12 months plus 14 days.
Legal Basis
The rules on the cooling-off period and right of withdrawal are set out in Book 6 of the Dutch Civil Code (DCC), articles 6:230m to 6:230p. This is based on EU Directive 2011/83/EU. The Authority for Consumers & Markets (ACM) oversees compliance, imposing sanctions for violations. In the Delft area, the District Court of The Hague handles related disputes.
- Art. 6:230m DCC: Right of withdrawal for distance contracts.
- Art. 6:230o DCC: 14-day period and seller's information duty.
- Art. 6:230p DCC: Refund within 14 days after withdrawal.
Exceptions under art. 6:230n DCC, e.g., custom-made products or hygiene items.
When does this right apply in Delft?
The right of withdrawal applies to:
- Orders from webshops, such as local Delft online stores.
- Purchases via phone or app.
- Home sales or demonstrations.
- Orders from brochures or catalogues.
No right of withdrawal for:
- Physical stores in Delft city center.
- Live auctions (but yes for online auctions).
- Custom-made items.
- Hygiene products with broken seals, such as lingerie.
| Situation | Right of Withdrawal? | Delft Example |
|---|---|---|
| Online clothing webshop | Yes | Ordered a sweater from a Delft shop, doesn't fit? Withdraw within 14 days. |
| Store in Delft center | No | No statutory period; follow store return policy. |
| Personalized item | No | Engraving with Delft name: not withdrawable. |
| Perishable goods | Partial | Only unopened portion can be returned. |
Rights and Obligations upon Withdrawal
Your Rights as a Delft Consumer
Withdraw freely without explanation. The seller must:
- Refund the full amount within 14 days of notification.
- Reimburse outbound shipping costs.
- Arrange free pickup or provide a return label.
Your Obligations
Return the item in good condition: unused, original packaging. Normal testing is allowed, but damage may result in deductions.
Practical Examples from Delft
Example 1: On October 1, you order a dining table for €800 (+€40 shipping) from a webshop. Delivered October 5. You withdraw on October 12 by email. Seller refunds €840; return at their expense.
Example 2: Streaming subscription from October 1. Withdraw on October 8: immediate cancellation, no payment due.
Example 3: Cosmetics with broken packaging: no withdrawal.
If a Delft webshop doesn't respond: Send a reminder first. Then report to ACM or Delft Legal Aid Office. For escalation: District Court of The Hague or Disputes Committee. See also Refund or Voucher.
Frequently Asked Questions
No withdrawal form received?
Yes, period extends to 12 months + 14 days. Use ACM model letter.
Product used?
Normal 'testing' is fine; excessive use may lead to deductions. Provide proof of return shipment.
Applies to gifts?
Yes, for the buyer as consumer.
Return costs yourself?
No, seller pays until receipt. Request free label.
Tips for Delft Residents
Avoid hassle:
- Check terms before purchase.
- Download ACM model form from ACM.nl.
- Withdraw by registered mail or dated email.
- Take photos of condition.
- Disputes? Start with Delft Legal Aid Office or Thuiswinkel Waarborg.
More info: Consumer Rights, Webshop Returns, Refunds.
Unsure? Call Delft Legal Aid Office or the Municipality of Delft for free legal advice.