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Consumer law: what are your clients' rights?

Published by:
Netherlands Chamber of Commerce, KVK
Netherlands Enterprise Agency RVO
Checked 5 Feb 2025
4 min read
Nederlandse versie

Your non-business customers have legal rights . For example, the right to warranty and a cooling-off period for online sales. Read here which rules you must follow as a seller under consumer law

What is consumer law?

When a customer buys something from you, the transaction is an oral or written agreement between you and the buyer. This agreement describes rights and obligations. Your customer must pay the agreed price. You as a seller must deliver a reliable product. For example, the product must meet certain requirements. Consumer law is a collection of laws to protect consumers. Consumers also have obligations.

When is a customer a consumer?

The law distinguishes between businesses and consumers. Consumers get better protection thanks to consumer law. In general, a consumer buys something to use privately.

Guarantee

The product you sell must be reliable and of good quality. This is the legal guarantee to which your customer is entitled. For example, if the product is broken, you must replace or repair it. Besides the legal guarantee, you can also give or sell an extra guarantee. For example, a seller's guarantee or an extended warranty. With a digital product or service, you must also guarantee (security) updates.

> Giving a guarantee

Give a cooling-off period

Does your customer buy from you online, via the telephone, or via door-to-door or street sales? Your customer is then often entitled to a reflection or cooling-off period. This means the purchase can be reversed. This is called the right of withdrawal or dissolution (herroepingsrecht). Your customer is not always entitled to the statutory cooling-off period. Exceptions are, for example, products that are custom-made or that can spoil.

> Rules for giving a reflection period

Remote sales

Do you sell goods or services remotely, for example via an online shop, a platform, social media, or by telephone? If so, you must comply with the rules on distance selling. For example, in most cases your customer is entitled to the statutory cooling-off period. You must also provide clear information about, amongst other things, your business, the price, delivery, and cancellation.

> Rules for online sales

Determine payment term

You may determine within which period consumers must pay. You put this payment term in the contract or your general terms and conditions.

If your customer does not pay, you can send a payment reminder. You are not allowed to charge extra costs in the first payment reminder. After that, you can charge collection costs. These are the costs that you have to incur yourself to ensure that you still receive your money.

Read the Step-by-step-plan Customer does not pay invoice to find out what you can do if your customer does not pay.

Selling outside of a store

Do you sell outside an official retail space, for example on the street or door-to-door? Then you must follow the rules for doorstep selling (colportage). The buyer is entitled to a 14-day cooling-off period with a purchase over €50, and you and the buyer must both sign a deed of sale.

> Rules for door-to-door and street selling

Renewing subscriptions

You are not allowed to automatically renew a subscription, such as an energy or telephone subscription. Automatic or silent renewal means that the subscription continues without the subscriber's knowledge.

> Rules for renewal of subscriptions

Selling trips, holidays, or timeshares

You need to give your customers clear information about the product you are selling and what they are paying for. For example, provide information on:

  • how many people the amount applies to
  • what your customers do and do not get for the price they pay
  • whether there are any additional costs

> Rules for selling trips, holidays, and timeshares

Protecting personal data

Do you receive personal data from your customers, for example via your online shop? And do you store, use, or share the data? You must protect this data. The General Data Protection Regulation (GDPR) privacy law sets out what you may and may not do.

  • You must have a good reason for asking for personal data.
  • You may not store data for longer than necessary.
  • You tell customers in a privacy statement what you do with their personal data.

Your customers also have the right to, for example, view, amend, and delete their data.

> How to comply with the GDPR in the Netherlands

Ensure your general terms and conditions comply with consumer law

For example, the rules on providing guarantees and cooling-off periods. You must also not include unreasonable terms in your general terms and conditions. The law specifies which terms you must never include in your general terms and conditions and which terms may be unreasonable.

> Rules for general terms and conditions

No misleading practices

You must not engage in aggressive selling or mislead your customers. You must also not make unsolicited calls. From 1 July 2026, you must also not make unsolicited calls to people who are or have been customers.

> Rules on advertising

> Aggressive selling (in Dutch)

> Rules for telemarketing

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Questions relating to this article?

Please contact the Netherlands Chamber of Commerce, KVK