Dutch law protects you as a consumer because you are presumed to be the weaker party in a contract with a business. The rules that protect you are mandatory: a term that takes this protection away has no effect, whatever you signed, unless the law itself allows the parties to agree otherwise.
What must a business tell you before you buy?
Before you agree to a contract, a business must tell you who they are, what you are buying, the total price including tax and any unavoidable costs, how and when you pay and receive the goods or services, and whether you have a right of withdrawal. For purchases made online, by phone or away from the business’s premises, these duties go further: the business must also confirm this information to you in writing or by email.
What if a business does not mention your right of withdrawal?
If a business does not tell you about your right of withdrawal, or tells you incorrectly, the standard 14-day period is extended to twelve months and fourteen days. This is the most costly information failure a business can make, and it is a rule you can rely on if you only found out about your right of withdrawal much later.
How long do you have to change your mind?
If you buy at a distance – for example online – or away from the business’s premises, you may withdraw within 14 days without giving a reason. This does not apply to goods made to your specifications, sealed goods you have unsealed for hygiene reasons, or services you asked to have performed in full before the 14 days ended.
Once you withdraw, the business must refund everything you paid, including the standard delivery cost, within 14 days. You pay for returning the goods yourself only if the business told you in advance that you would have to.
What can you do if the product does not match what was promised?
A product must match what you could reasonably expect, given its nature and what the seller told you about it. If it does not, you can first ask for repair or replacement; only if that is impossible or disproportionate can you ask for a lower price or cancel the purchase.
Two misunderstandings come up often. Your claim is against the seller, not the manufacturer: a manufacturer’s guarantee sits alongside your statutory rights – it is additional to them, not a substitute. And there is no fixed cut-off date after which your rights end; what counts is what you could reasonably expect from the product, so a washing machine that breaks down after three years may still be non-conforming.
Which contract terms are void?
Standard terms used against you as a consumer are tested against two lists. Terms on the black list are always considered unreasonably onerous. Terms on the grey list are presumed to be unreasonably onerous unless the business proves otherwise. A Dutch court must test terms in a consumer contract on its own initiative, even if you do not raise the point yourself.
Where can you enforce your rights?
You can bring an individual claim before the subdistrict court, where you do not need a lawyer. The Authority for Consumers and Markets (ACM) supervises compliance and can fine businesses that break these rules, and consumer organisations can bring a collective claim on behalf of a larger group.
In summary
- A business must inform you about the price, delivery and your right of withdrawal before you buy, with extra duties for distance and off-premises contracts.
- You can withdraw from a distance purchase within 14 days; this extends to twelve months and 14 days if you were not properly informed of that right.
- A product must match what you could reasonably expect; there is no fixed date after which this protection ends.
- Standard terms that are unreasonably onerous towards you are void, whether or not you raise the point yourself.
- You can go to the subdistrict court, and the ACM can act against businesses that breach these rules.
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