Right of Withdrawal in Delft
As a resident of Delft, you have a right of withdrawal as a Dutch consumer, giving you 14 days to change your mind and return a product or service without giving a reason. This applies to distance purchases, such as online or by phone, and helps prevent impulsive decisions. Learn how it works specifically for Delft residents and where to find local support.
When does the right of withdrawal apply in Delft?
The right of withdrawal is a key part of consumer law and applies to distance contracts or off-premises sales. Examples include online orders, phone purchases, mail-order items, or buys at Delft markets or fairs. It does not apply in physical stores, such as those in Delft city centre, unless the store has its own return policy.
The 14-day cooling-off period starts upon receipt of the product or, for services, upon conclusion of the contract. The seller must inform you of this; if not, the period extends to 12 months. If in doubt, Delft residents can turn to the Juridisch Loket Delft.
Legal basis of the right of withdrawal
This right is set out in Book 6 of the Dutch Civil Code (DCC), Title 5.4.2a: 'Distance Contracts and Off-Premises Contracts'. Key articles:
- Article 6:230m DCC: Establishes the 14-day cooling-off period.
- Article 6:230n DCC: Requires the seller to provide information.
- Article 6:230o DCC: Governs how to exercise the right.
- Article 6:230p DCC: Lists exceptions.
These rules stem from EU Directive 2011/83/EU and have been in force since 2014. For more information, consult ConsuWijzer or the Juridisch Loket Delft.
Rights and obligations upon withdrawal for Delft residents
Your rights:
- Return without giving a reason within 14 days.
- Full refund, including standard shipping costs, within 14 days of withdrawal.
- Extended period up to 12 months if information is missing.
Your obligations:
- Return the product in its original condition with accessories and packaging.
- Cover return shipping costs, unless otherwise stated.
- Avoid any reduction in value due to excessive use.
A seller may refuse if damage is caused by you.
Exceptions to the right of withdrawal
Not everything can be returned under the right of withdrawal. Overview in table:
| Category | Exception | Example |
|---|---|---|
| Hygiene products | Opened and non-returnable | Underwear, swimwear |
| Personalisation | Custom-made | Personalised Delft souvenirs |
| Services | Fully performed with consent | Tickets for events in Delft |
| Perishable products | Quickly spoils | Fresh meat or flowers from Delft stalls |
| Software | CD/DVD opened | Games or apps |
Full list in art. 6:230p DCC. Always check the seller's terms.
Practical examples for Delft
Example 1: Online clothing from a Delft webshop. You order a sweater from a local online store on October 1, receive it on October 5. Withdraw by email by October 19: 'I withdraw'. Full refund within 14 days.
Example 2: Phone subscription. Contract signed over the phone? Services cannot start within 14 days without your consent. Use the model form.
Example 3: Purchase at Delft market. Lamp bought at the weekly market in Delft? No right of withdrawal, as it is not a distance sale. But online via Marktplaats, yes.
Example 4: No information on the right. Webshop silent on withdrawal? Period runs to 14 days after notification, up to 12 months max.
Frequently asked questions for Delft residents
Can I return if it doesn't fit?
Yes, no reason needed. Withdraw within 14 days if in good condition. Seek advice from Juridisch Loket Delft.
Who pays for return shipping?
You do, unless the shop offers free returns or it's their error. You get standard costs refunded.
No refund? What now?
Send a written reminder. No success? Report to ACM, dispute committee, or go to The Hague District Court. Help via Gemeente Delft or Juridisch Loket.
Does it apply to second-hand items in Delft?
Yes, for professional sellers. Private sellers at flea markets are exempt (art. 6:217 DCC).
Tips for optimal use in Delft
Make the most of your right of withdrawal:
- Check terms: Watch for 'return policy' at Delft shops.
- Model form: Download via ConsuWijzer or Juridisch Loket Delft.
- Keep proof: Save shipping receipts and emails.
- Limited testing: Use as you would in-store, no excessive trying.
- For issues: Visit Juridisch Loket Delft for free advice. See also Warranty in Delft or Cooling-off Period for Services in Delft.
Read more: Distance Selling in Delft and Webshop Rights in Delft.