herroepingsrecht

Herroepingsrecht, or the right of withdrawal, is a consumer protection rule in Dutch and EU law that allows consumers to dissolve a distance contract (such as online purchases) or an off-premises contract within a set withdrawal period without giving a reason. The standard period is 14 days. After the period begins, the consumer may cancel the contract and return the goods or cancel the service.

Scope and start of the period: The right generally applies to most consumer contracts for goods and services. There are exceptions, including certain personalized or perishable items, goods that cannot be returned for hygiene or health reasons once unsealed, or digital content supplied on a tangible medium where the consumer has consented to immediate performance and acknowledged that they lose the withdrawal right. For goods, the 14-day period usually starts on delivery (or the day the last item is received if multiple items are delivered separately); for services, it starts on contract formation. If the trader has not provided the required information about the right, the period can be extended.

Exercise and communications: To exercise the right, the consumer must issue a clear statement of withdrawal, or use a model withdrawal form if provided. The trader must acknowledge and provide information about the withdrawal process.

Refunds and costs: Upon withdrawal, the trader must reimburse all payments, including standard delivery costs, within 14 days of receiving the withdrawal notice or returned goods. The consumer typically bears the cost of returning the goods. Refunds are made using the same payment method, unless both parties agree otherwise. If the value of returned goods has diminished due to handling beyond what is necessary to determine their nature and characteristics, the trader may reduce the refund accordingly.