Right of Withdrawal for Door-to-Door Sales in Delft
As a resident of Delft, the right of withdrawal for door-to-door sales allows you to cancel a door-to-door purchase free of charge within 14 days, without providing a reason. This protects Delft residents from impulsive decisions during unexpected sales visits at home. Door-to-door sales fall under off-premises contracts, which include a mandatory cooling-off period to ensure well-considered choices.
What is door-to-door sales and when does the right of withdrawal apply in Delft?
Door-to-door sales involve offering products or services at your home address in Delft by a seller without a fixed establishment in the area. Examples include door-to-door sales of vacuum cleaners, energy deals, or insulation. This article builds on our overview of door-to-door sales.
The right of withdrawal applies to off-premises contracts such as door-to-door sales. You have a 14-day reflection period starting from the purchase date or receipt of information, so you are not bound by a deal made under pressure.
Legal basis of the right of withdrawal
The provisions are set out in Dutch Civil Code Book 6 (DCC), Title 3, Section 5.3. Key articles:
- Art. 6:230m DCC: Defines off-premises contracts, including door-to-door sales.
- Art. 6:230o DCC: Establishes the 14-day period for cancellation.
- Art. 6:230h DCC: Requirements for pre-contractual information from the seller, usually via a model form.
- Art. 6:230j DCC: Additional rules for door-to-door sales, such as confirmation within 7 days.
These rules stem from EU Directive 2011/83/EU. Since 2014, door-to-door sales have the same 14-day period as online shops.
How to exercise the right of withdrawal in Delft?
Step-by-step process:
- Enter into the contract: The seller provides a copy of the contract and withdrawal information.
- Cooling-off period: 14 days from receipt of information or goods.
- Cancel: Send a clear statement (post, email, form), e.g., "I cancel the purchase of [product] dated [date]."
- Refund: Full amount within 14 days, including shipping costs.
- Return goods: At the seller's expense, or by agreement otherwise.
Example 1 from Delft: Ms. Jansen from the city center buys a €500 water filter door-to-door. After 3 days, she withdraws using the model form sent by registered mail. The seller collects it and refunds promptly.
Example 2: Mr. De Vries from Delft-West signs an energy contract. He withdraws within 10 days; citing Art. 6:230o DCC, the seller complies.
Rights and obligations upon withdrawal in Delft
| Your rights as a Delft resident | Seller's obligations | Your obligations |
|---|---|---|
| 14 days, no reason needed | Provide information on the right | Return products undamaged |
| Full refund within 14 days | Cover return shipping costs | Send timely cancellation notice |
| No costs if not used | Provide model form | Keep proof of notice |
Try products as you would in a store, but avoid damage. No information provided? The reflection period extends up to 12 months later!
Exceptions for Delft residents
Not everything qualifies:
- Purchases under €50 (unless specified).
- Custom-made items (e.g., window treatments).
- Hygiene products with broken seal.
- Transport or hospitality contracts.
Review your Delft purchase agreement carefully.
Frequently asked questions about door-to-door sales in Delft
Do I need to give a reason for withdrawal?
No, a simple statement suffices, as on the standard form.
No model form received?
Reflection period starts upon receipt of information, max 12 months + 14 days. Request it.
Can I withdraw after delivery?
Yes, within the period; return at seller's expense.
Telephone door-to-door sales?
Counts as off-premises; right of withdrawal applies.
Tips for Delft residents
- Review contracts before signing and demand the reflection period.
- Withdraw by registered mail for proof.
- Keep all documents.
- Problems? Report to ACM, Legal Aid Desk Delft, or The Hague District Court. Contact Municipality of Delft for local advice.
- Also read: Consumer Purchases and Cooling-Off Period.
Unsure? Call Arslan Advocaten for free initial advice in Delft. We assist Delft residents with their rights.