Distance selling is a contract concluded without the simultaneous physical presence of seller and buyer, almost always through a web shop. For consumers this triggers a protective regime with information duties and a right of withdrawal.
Legal basis
Articles 6:230g to 6:230z of the Dutch Civil Code contain the regime, based on Directive 2011/83/EU. Article 6:230m lists the information that must be given before the contract is concluded, including the total price, the delivery period and the conditions of the right of withdrawal. Article 6:230o gives a fourteen-day cooling-off period, which starts only on receipt of the goods; where no information about withdrawal was given, the period is extended by twelve months. Article 6:230v requires an order button unambiguously indicating that an obligation to pay arises. Since the modernisation directive was transposed in 2022, additional rules apply to online marketplaces, to the ranking of search results and to the authenticity of consumer reviews.
How it works in practice
The information must be available before ordering and confirmed afterwards on a durable medium. On withdrawal the seller refunds within fourteen days, including standard outbound delivery costs; return costs may fall on the consumer if that was stated in advance. Several exceptions to the right of withdrawal exist, including custom-made goods and sealed items that cannot be returned for hygiene reasons.
Where it goes wrong
Web shops inform incompletely about withdrawal and face a cooling-off period of more than a year. A second error is an order button labelled only "confirm", which lets the consumer escape the contract. Third, return costs are charged without having been made clear beforehand.
Related terms
Distance selling connects to the general terms and conditions, to the Digital Services Act for platforms and to cookie consent.
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