In online purchases, also known as distance selling, 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 (regulated in Section 7.1.9A of the Civil Code) concerns agreements concluded without the physical presence of both parties, via channels such as:
- Webshops and online platforms
- 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 product characteristics
- Full price including any additional costs
- Payment and delivery conditions
- The right of withdrawal (or exclusion thereof)
- Contract duration and termination rules
Order confirmation
After the purchase, the consumer must receive a confirmation via a durable medium (such as email or PDF) with all relevant details and a withdrawal form.
Delivery time
Delivery must take place within 30 days, unless otherwise agreed. If delivery fails to occur, the consumer may, after putting the seller in default, cancel the agreement.
Responsibility upon delivery
The risk of damage or loss during transport lies with the seller until the moment of delivery. Only upon receipt does this responsibility transfer to the buyer.
Frequently asked questions about online shopping in Rijswijk
What are my rights regarding returns?
For online purchases, you have 14 days to return without reason, unless statutory exceptions apply.
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 can claim statutory interest (approximately 8% per year) on the amount due.
What to do in case of misleading practices?
You can report to the Consumentenbond, a government authority, 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 purchases
How much cooling-off time do I have for an online order?
You have a 14-day right of withdrawal to cancel a purchase without giving a reason. This period starts upon receipt of the product or, for services, upon conclusion of the agreement. The seller must inform you about this and provide a return form. Note: this right does not apply to certain goods, such as custom-made products.
What if my order does not arrive within 30 days?
If delivery fails to occur, put the seller in default in writing (e.g., via email) and grant an additional reasonable period (such as 14 days). If delivery still fails, you can dissolve the agreement and reclaim your money. Always keep proof of your correspondence.
Who is responsible for damage during shipping?
Until delivery, the seller is liable for damage or loss. In case of problems, you can demand a replacement product or refund. Check your package immediately upon receipt and report any issues promptly to the seller and delivery service.
Do I have to pay return shipping costs myself?
The seller must standardly cover return costs, unless explicitly stated otherwise. For international shipments, additional costs may arise. Keep your shipping receipt and request confirmation of receipt for the return shipment.
What if a webshop ignores my right of withdrawal?
In case of unjust refusal of your right of withdrawal, you can file a complaint with the Authority for Consumers & Markets (ACM) or the Disputes Committee for Distance Selling. Gather evidence such as emails and photos. Legal advice or court proceedings are also options.
Does the cooling-off period apply to discounted items?
Yes, the right of withdrawal also applies to sale items, except for specific categories such as perishable products or personalized items.
Local support in Rijswijk: For legal assistance, you can go to the Juridisch Loket Rijswijk. Disputes fall under the Rechtbank Den Haag (district).