Negative Option in Delft
In Delft, with its many students and young residents, a negative option is a prohibited sales trick where companies automatically deliver and invoice products or services unless you actively refuse. This violates Dutch consumer law and limits your free choice as a Delft resident.
What is a negative option?
Example: you order study books online in Delft and suddenly receive a monthly box of personal care products, automatically charged. It only stops if you cancel it yourself. This is a typical negative option, based on tacit approval, as opposed to an active 'opt-in'. Many Delft residents forget to cancel due to busy lives, leading to unexpected costs for subscriptions or extras.
Legal protection against negative options
Dutch law, including for Delft, strictly prohibits this:
- Article 6:237 BW: Agreements with negative option are void; you do not have to pay.
- Unfair Commercial Practices Act (2008): Annex I, point 2f explicitly lists it as an unfair practice (art. 6:193b BW).
- Article 6:230m BW: Prohibits misleading suggestions of obligations.
The ACM supervises nationally, with fines. Since 2021, stricter EU rules apply against online tricks. In Delft, you can go to the District Court of The Hague for disputes.
Real-world examples in and around Delft
Negative options often appear like this:
- Student boxes: One-time purchase at a Delft webshop leads to monthly delivery of €49.95, unless cancelled.
- Internet and streaming: 'Free' extra services with automatic debit from Delft providers.
- Tickets and travel: Extras at city events, hidden in pre-checked fields.
- Subscriptions: 'Free' trial month for news or series that continues.
They sneak in via fine print or pre-checked boxes.
Your rights as a Delft consumer
Rights:
- Agreement void: no payment, return goods free of charge.
- Right of withdrawal: dissolve within 14 days (art. 6:230o BW).
- Refund within 14 days (art. 6:230q BW).
- Complaint to ACM, Disputes Committee or Juridisch Loket Delft.
Obligations:
- Cancel in time to stop debit.
- Keep proof such as emails and screenshots.
Negative vs. positive option
| Negative option | Positive option | |
|---|---|---|
| Consent | Tacit (opt-out) | Active (opt-in) |
| Legal | Prohibited / void | Permitted |
| Risk | High (forgotten) | Low (conscious click) |
| Example | Beauty box | Tick extra |
FAQ about negative options in Delft
Do I have to pay for a negative option?
No, void (art. 6:237 BW). Send termination letter and demand refund. Dispute debit with bank.
If it has already been delivered?
Return free of charge and claim refund. Proof of cancellation helps in disputes.
Can it happen again?
No, prohibited. Report to ACM (acm.nl) or Juridisch Loket Delft.
Free trials?
Continuing without cancellation is invalid. Always read the terms.
Tips for Delft residents
Prevent negative options:
- Scan terms for 'auto-renewal'.
- Deselect pre-checked boxes.
- Set calendar reminder for cancellation.
- Revoke SEPA authorization at your bank.
- Report via ConsuWijzer.nl, ACM or visit Juridisch Loket Delft and Municipality of Delft for help.
For more: check right of withdrawal or Juridisch Loket Delft.