In a distance sale, there is no direct contact between the buyer and seller. This applies, for example, to purchases via webshops or telephone orders. The law provides extra protection, because you cannot inspect the product beforehand.
What does distance selling entail?
Distance selling (Section 7.1.9A BW) concerns an agreement concluded without the physical presence of both parties, via channels such as:
- Online platforms (webshops, marketplaces)
- Telephone sales
- Mail-order services
- Email correspondence
Obligations of the seller
Prior to the purchase, the seller must provide transparent information about:
- Company name and contact information
- Essential characteristics of the product
- Full price including any additional costs
- Payment and delivery conditions
- The right of withdrawal (or the absence thereof)
- Duration and termination conditions of the agreement
Order confirmation
After the purchase, the consumer must receive a confirmation on a durable medium (such as email or PDF) with all details and a withdrawal form.
Delivery time
If no specific delivery time has been agreed, delivery must take place within 30 days. If this period is exceeded, the consumer may, after a notice of default, cancel the agreement.
Responsibility upon delivery
The risk of damage or loss lies with the seller until the moment of delivery. Only after receipt by the consumer does this risk transfer.
Frequently asked questions about online purchases
What are my rights upon returning?
For online purchases, you have 14 days to return without reason, except for certain exceptions laid down by law.
How long is the warranty period?
Products must function for at least 2 years. Defects within the first 6 months are presumed to have been present at the time of purchase.
Can I claim interest on outstanding amounts?
Yes, you are entitled to statutory interest (approximately 8% per year) on the amount due.
What to do in case of misleading practices?
You can report it to the consumer organization, the government, or take legal action.
What does a credit agreement entail?
A credit agreement sets out the conditions for borrowing money, including interest and repayment.
Practical questions about online buying
How much cooling-off period do I have for an online purchase?
You have a right of withdrawal of 14 days to return an online purchase without giving a reason. This period starts on the day of receipt of the product or, for services, on the day of the agreement. The seller must inform you about this and provide a return form. Note: for some products, such as custom-made items, this right does not apply.
What if my order does not arrive within the agreed 30 days?
If delivery fails to materialize, put the seller in default in writing (for example, via email) and grant a reasonable additional period, such as 14 days. If delivery still fails, you can dissolve the agreement and reclaim your money. Keep all correspondence as evidence.
Who bears responsibility for damage or loss during shipping?
The seller is responsible for damage or loss until the moment of delivery. In case of problems, you can demand a replacement product or refund. Check your package immediately upon receipt and report any damage immediately to both the seller and the carrier.
Do I have to incur costs for returning a product?
The seller must cover the standard return costs, unless it has been clearly indicated in advance that these are at your expense. For international shipments, additional costs may arise. Always keep the shipping receipt and request confirmation of receipt for the return shipment.
What if a webshop does not recognize my right of withdrawal?
If a webshop unjustly refuses to apply your right of withdrawal, you can file a complaint with the Authority for Consumers & Markets (ACM) or a dispute committee. Collect evidence such as emails and order details. Legal advice or going to court are also options.
Does the right of withdrawal also apply to discounted items?
Yes, even for sale items you have the right of withdrawal, except for exceptions such as perishable products or custom-made goods. The seller may not limit this right.
Local information:
For legal support in Leiden, you can go to the Juridisch Loket Leiden (Stationsweg 46). For court cases, the Rechtbank Den Haag, Leiden location, is competent.