Right of Withdrawal for Distance Purchases in Delft
As a resident of Delft, for distance purchases – such as online or telephone orders – you have a right to withdraw within 14 days of receiving the product or the start of a service. You can cancel the purchase without giving a reason, protecting buyers beyond the traditional shops in Delft city centre.
Legal Basis of the Right of Withdrawal
This consumer protection is laid down in 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. Article 6:230m DCC guarantees a cooling-off period of at least 14 days. Online shops must provide information on this right before the purchase, including a model withdrawal form (art. 6:230n DCC).
For services, the period runs from the contract date, but if the service is fully performed with your consent, the right lapses (art. 6:230o DCC).
How Does the Right of Withdrawal Apply in Delft?
The period starts on delivery of the product (or the last item if multiple deliveries). For services, from the contract date. No reason is required – a simple notification suffices.
- Check if the seller included the withdrawal form.
- Send a withdrawal statement within 14 days, preferably by email, post or the model form.
- Return the product within 14 days in good condition (art. 6:230q DCC).
- The seller must refund everything within 14 days, including standard shipping costs (art. 6:230r DCC).
No proper information from the seller? Then you get 12 months plus 14 days cooling-off period.
Rights and Obligations for Delft Residents
Your rights:
- Cancel without giving a reason, free of charge.
- Full refund including VAT and shipping costs.
- No additional costs, except your return shipping (unless the seller arranges free return).
Your obligations:
- Return the item in original packaging; traces of inspection are acceptable.
- Pay return shipping costs yourself, unless otherwise agreed.
Seller's obligations:
- Provide information on the right of withdrawal.
- Collect the return or provide a label for specific products.
Right of Withdrawal vs. In-Store Purchase in Delft
| Aspect | Distance Purchase | Delft Store |
|---|---|---|
| Cooling-off period | 14 days | No statutory right |
| Reason needed? | No | Often yes (store policy) |
| Return costs | Consumer pays standard | Often free per policy |
| Legal basis | Art. 6:230m DCC | No fixed right |
Exceptions for Delft Residents
Some products/services are excluded (art. 6:230p DCC):
- Hygiene items: cosmetics, underwear (seal broken).
- Custom-made: personalised clothing or furniture.
- Perishable: flowers, fresh meat.
- Urgent services: car repairs.
- Digital: downloads/streams if started immediately with consent.
- Travel/tickets: hotels, flights.
Practical Examples
Example 1: Bought a dress online for €50 including €5 shipping. Doesn't fit after 10 days? Withdraw and return – seller refunds €50, you pay return shipping (€6).
Example 2: Download an e-book and read it immediately (with consent to forfeit the right)? No withdrawal.
Example 3: Online shop fails to mention the right? 12 months plus 14 days cooling-off period.
More info? See our article on online shopping.
Frequently Asked Questions for Delft
Can I withdraw if the item is defective?
No, that's covered by warranty/non-conformity (art. 7:17 DCC): repair or replacement. Use the manufacturer's warranty.
Return costs?
You pay, unless the seller provides a free label or it's a faulty product. If you're the seller: state it in your terms.
Seller won't refund?
Send a reminder. No response? Contact ACM ConsuWijzer, or start proceedings at the District Court of The Hague or Disputes Committee. Free advice: Juridisch Loket Delft. Keep proof.
Does it apply to Marktplaats?
Only professional sellers. For private sellers: check their terms.
Tips for Delft Residents
- Check terms and withdrawal information before buying.
- Use the model form from rijksoverheid.nl.
- Take photos of the return for proof.
- Keep invoice and shipping proof for at least 1 year.
- For help: visit Juridisch Loket Delft or check the Municipality of Delft consumer page.