Cancellation period in case of a sale
If you sell products or services in the Netherlands your customer often has the right to a reflection period (cooling-off period or cancellation period). During this period, they can cancel or return their order. This is called right of withdrawal or dissolution right.
You must inform your customer whether a reflection period applies to their purchase.
When does the cancellation period apply?
Your customer has the right to a cooling-off period of 14 days if he buys something from you through, for example:
- door-to-door selling with a value of €50 or more
- street trade with a value of €50 or more
- a sales party or a sales demonstration with a value of €50 or more
The cooling-off period starts the day after delivery. You must inform your customer on all aspects of this cancellation period (in Dutch). You should among others tell them from which day the period starts and how they can cancel or return an order. If you fail to do so, the cancellation period will be extended. It extends until 14 days from the moment you do inform the customer of the cancellation period, up to a maximum of 1 year.
Returning purchase price and delivery costs
Does your customer decide within 14 days to return their purchase? Then you must return the purchase price and the delivery costs within 14 days after cancellation. You do not have to refund delivery costs if your customer returns only part of their order. Customers do not have to give a reason to cancel their purchase.
You do not have to refund the return shipping costs if you make clear beforehand that you will not refund these. If you fail to do so, you have to pay the return shipping costs to your customer.
When does the cancellation period not apply?
In some cases, customers do not have the right to a legal cancellation period. You must state this clearly when making a sale. A legal cancellation period does not apply, for instance:
- if you made a customised product for the customer
- if the goods are likely to deteriorate quickly, such as perishables
- if the sealing of a product is broken
- for hygiene products taken out of their packaging
- for entrance tickets
In some cases you do not have to state that there is no cancellation period, for example:
- if you sell products off-premises (door-to-door, street or demonstration sales) with a value of less than €50
- for package trips
- for the sale or rent of houses
- for lotteries
- in case of market trade
- if you have been hired for a specific date or for instance for an emergency repair
Sales at a shop
The cancellation period does not apply to products sold in a shop. A shopkeeper supplies the product, and their customer receives it at the agreed price. Shopkeepers may have specific terms and conditions with regard to cancelling a purchase. They can, for instance, choose to give a refund or issue a credit note. If you sell from a shop you are not obliged to exchange products. But if you allow customers to exchange a product, you should state the conditions clearly at the time of sale.
Business to business
The legal 14-day cancellation period does not apply if an entrepreneur buys something from you. The general rules of sale apply to business-to-business (B2B) sales of goods or services. You state the cancellation rules for business customers in your terms and conditions.
Cancellation period for digital content
Do you sell digital content via the internet that your customers can play online (stream) or download? You must have your customers confirm that they understand there is no cancellation period before they make their purchase. You must make sure they agree to this before they can download or play the digital media. You must confirm both the purchase and their agreement in a way your customer can save, for instance through email.
Digital media sold on physical storage media, such as memory sticks or DVDs, are not considered digital content. The normal rules apply to these sales.
Cancellation period for financial products
Do you sell financial products or, for instance, supply loans? Your customer is allowed to cancel a credit agreement within 14 days after signing the agreement. The cancellation should be in writing. Your customer does not have to pay a fine, and they do not have to give a reason. For life insurance, a longer period of 30 days applies.
Did you sell a financial product during an advisory consultation? And did you inform your customer about the advisory fees beforehand (in Dutch)? If the customer dissolves the agreement, you may still send them an invoice for the advisory fees
Cancellation period for timeshare and holiday clubs
Do you offer timeshares or memberships of a holiday club for a period of more than 1 year? You must maintain a cancellation period of 14 days and inform your customer of this beforehand. You must have your customer sign 2 forms as specified in the European directive:
- the standard information form
- the standard withdrawal form
Consideration period for home buyers
A buyer may decide to abandon the purchase of a house. They can do so up to 3 days after they receive the signed deed of sale or a copy thereof. This 3-day consideration period (in Dutch) must consist of at least 2 working days. The buyer does not need to give a reason or pay compensation for cancelling the purchase.