Cooling-Off Period and Right of Withdrawal
As a resident of Rijswijk, you have the right to the cooling-off period and right of withdrawal, also known as the right of withdrawal. This statutory right allows consumers to cancel a distance purchase within 14 days without giving a reason. It applies to online orders, telephone sales, or catalogue purchases and protects against impulsive decisions, so you can inspect products at home in Rijswijk.
What does the cooling-off period and right of withdrawal mean for Rijswijk residents?
Under consumer law, the cooling-off period and right of withdrawal is essential for distance purchases, where you are not physically present with the seller, such as webshops, home sales, or phone orders. The law provides a 14-day cooling-off period to withdraw. If you cancel in time, the seller must refund everything, including shipping costs for delivery to your address in Rijswijk.
The period starts upon receipt of the goods or conclusion of the service agreement. Crucially, the seller must inform you of this right in advance; otherwise, the period extends to 12 months plus 14 days.
Legal Basis
The provisions on the cooling-off period and right of withdrawal are found in Book 6 of the Dutch Civil Code (DCC), articles 6:230m to 6:230p. This implements EU Directive 2011/83/EU. The Authority for Consumers & Markets (ACM) oversees compliance and imposes penalties for violations. For Rijswijk residents, in case of disputes, you can approach the Rijswijk District Court.
- Art. 6:230m DCC: Right of withdrawal for distance sales.
- Art. 6:230o DCC: 14-day period and seller's information duty.
- Art. 6:230p DCC: Refund within 14 days after withdrawal.
Exceptions are listed in art. 6:230n DCC, such as custom-made or hygiene products.
When does the right of withdrawal apply in Rijswijk?
The right applies to:
- Orders via webshops.
- Purchases by phone or app.
- Home sales or demonstrations.
- Orders from catalogues or flyers.
It does not apply to:
- Purchases in physical stores in Rijswijk.
- Live auctions (but yes for online auctions).
- Custom-made items.
- Hygiene products with broken seals, such as lingerie.
| Situation | Right of Withdrawal? | Example for Rijswijk |
|---|---|---|
| Online clothing from webshop | Yes | Ordered a sweater for home in Rijswijk and it doesn't fit? Withdraw within 14 days. |
| Store in Rijswijk center | No | No statutory period; follow store return policy only. |
| Personalized product | No | Engraved with name: withdrawal excluded. |
| Fresh products | Partial | Only unopened, non-perished portion returnable. |
Rights and Obligations upon Withdrawal
Your Rights as a Rijswijk Resident
You can withdraw free of charge. The seller must:
- Refund everything within 14 days of becoming aware.
- Reimburse outbound shipping costs.
- Provide free pickup or return label.
Your Obligations
Return in good condition: unused, with packaging. Minor inspection is allowed, but damage may result in a deduction from the refund.
Practical Examples from Rijswijk
Example 1: On October 1, you order a dining table online for €800 (plus €40 shipping) from a webshop. Delivered on October 5 in Rijswijk. Withdrawal on October 12 via email: seller refunds €840 and picks up at their expense.
Example 2: Streaming subscription from October 1. Withdraw on October 8: service ends immediately, no payment due.
Example 3: Cosmetics with broken seal: no withdrawal possible.
In case of issues, such as ignored withdrawal: remind first, then report to ACM or Disputes Committee. For local advice: Rijswijk Legal Aid Office. See also our article on Refund or Voucher.
Frequently Asked Questions
No withdrawal form received?
Yes, period extends to 12 months + 14 days. Use ACM model letter.
Product used?
Inspection okay, but excessive use (e.g., bike 50 km) may result in discount. Prove shipment!
Applies to gifts?
Yes, for the buyer as consumer in Rijswijk.
Pay return shipping yourself?
No, seller pays until receipt. Request free label.
Tips for Rijswijk Residents
Avoid hassle:
- Check terms before purchase.
- Download withdrawal form from ACM.nl.
- Withdraw by registered mail or email with date.
- Take photos of product condition.
- Disputes? Go to Rijswijk District Court, Thuiswinkel Waarborg, or Rijswijk Legal Aid Office.
More info: Consumer Law, Webshop Returns, Refunds.
Unsure? Call Rijswijk Legal Aid Office or the Municipality of Rijswijk for free support. (Word count: 1056)
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